HomeMy WebLinkAbout2014-93 - Adopting Mitigated Negative Declaration No. ND2014-001 (SCH No. 2014091008) for the Newport Boulevard and 32nd Street Modification Project - Contract No. 4881 (PA2014-134)RESOLUTION NO. 2014 -93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING MITIGATED NEGATIVE
DECLARATION NO. ND2014 -001 (SCH NO. 2014091008) FOR
THE NEWPORT BOULEVARD AND 32ND STREET
MODIFICATION PROJECT - CONTRACT NO. 4881 (PA2014-
134)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Circulation Element of the General Plan designates Newport Boulevard
between 32nd Street and Via Lido as a Major Road to be improved as a 6 -lane
divided highway. Currently this roadway segment does not meet this standard and
Newport Boulevard is one of only two major roadways providing vehicular access to
and from the Balboa Peninsula.
2. The City's Capital Improvement Program calls for the widening of this roadway
segment consistent with the Circulation Element of the General Plan and the
Orange County Master Plan of Arterial Highways.
3. Traffic through this roadway has increased over time to where the roadway
segment currently operates above its designed capacity leading to unnecessary
congestion that impedes access to the Balboa Peninsula for residents and visitors.
4. The proposed project will implement the Circulation Element by widening the
roadway to 6 lanes and it will improve the level of service along the affected
roadway segment to a more acceptable level of service. As a result, proposed
improvements enhance vehicle circulation through this critical roadway segment
and will improve access to the area for both residents and visitors.
5. Although the project will remove existing street parking along the west side of the
affected roadway, a new off - street parking lot will be created at the northwest
corner of the intersection of 32nd Street and Newport Boulevard such that there will
be no net loss of public parking. Therefore, there will be no impact to public access
due to changes in available public parking.
6. A public meeting was held by the City Council on October 28, 2014, in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the
Newport Beach Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the City Council at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to the California Environmental Quality Act, Public Resources Code
Section 21000, et seq. ( "CEQA "), the CEQA Guidelines (14 Cal. Code of
Regulations, Sections 15000 et seq.), and City Council Policy K -3, the proposed
amendments ( "Project') are defined as a project and as such subject to
environmental review.
2. The City thereafter caused to be prepared an Initial Study /Mitigated Negative
Declaration ( "MND ") in compliance with CEQA, the State CEQA Guidelines and
City Council Policy K -3.
3. Notice of the availability of the draft MND was given and the draft MND was
made available for public review for a 30 -day comment period beginning on June
26, 2014, and ending July 28, 2014. The City received three comment letters
during this initial public review /comment period. Notice to the State
Clearinghouse was provided and a subsequent Notice of the Availability of the
draft MND was given in accordance with CEQA, the State CEQA Guidelines and
City Council Policy K -3: The draft MND was made available for this second public
review period beginning on August 29, 2014 through October 1, 2014, and four
additional comment letters were received.
4. Although not required pursuant to CEQA, written responses to all seven
comment letters received were prepared. The comments and responses were
considered by the. City Council while considering the approval of the proposed
project. The comments and responses to comments do not represent significant
new information to warrant recirculation of the MND.
5. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program are attached as Exhibits "A" and "B ", respectively. The documents and
all related materials, which constitute the record upon which this decision was
based, are on file with the Public Works Department, City Hall, 100 Civic Center
Drive, Newport Beach, California.
6. On the basis of the entire environmental review record, the proposed project,
with mitigation measures, will have a less than significant impact upon the
environment and there are no known substantial adverse affects on human
beings that would be caused.. Additionally, there are no long -term environmental
goals that would be compromised by the project, nor cumulative impacts
anticipated in connection with the project. The mitigation measures identified by
the Mitigated Negative Declaration and incorporated in the Mitigation Monitoring
and Reporting Program are feasible and will reduce potential environmental
impacts to a less than significant level.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
hereby resolves as follows:
1. The City Council of the City of Newport Beach hereby adopts Mitigated Negative
Declaration No. ND2014 -001 (SCH No. 2014091008) attached as Exhibit "A ",
which is incorporated by reference.
2. The City Council of the City of Newport Beach directs the Public Works Director to
incorporate the mitigation measures contained in the Mitigation Monitoring and
Reporting Program attached as Exhibit "B" in the plans and specifications for the
project to be implemented.
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
the 28th day of October, 2014.
Attest:
Ll� �
Leilani I. Brown
City Clerk
Rush N. Hill, II
Mayor
Exhibit "A"
Newport Boulevard and 32ND Street Modification Project
Mitigated Negative Declaration No. ND2014 -001
State Clearinghouse Number 2014091008
FINAL
INITIAL STUDY /MITIGATED NEGATIVE
DECLARATION
NEWPORT BOULEVARD AND
32ND STREET
MODIFICATION PROJECT
NEWPORT BEACH, CALIFORNIA
Prepared for:
CITY OF NEWPORT BEACH
DEPARTMENT OF PUBLIC WORKS
100 Civic Center Drive
Newport Beach, California 92660
Prepared by:
" CHAMBERS
" Jkkk GROUP
5 Hutton Centre Drive, Suite 750
Santa Ana, California 92707
(949) 261 -5414
October 2014
Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
TABLE OF CONTENTS
Parse
SECTION 1.0- INTRODUCTION ............................................................................... ..............................1
1.1 PURPOSE OF THE INITIAL STUDY .................................................................... ..............................1
SECTION 2.0 - PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING ................. ...............................
2
2.1
PROJECT PURPOSE ......................................................................................... ...............................
2
2.2
PROJECT LOCATION AND SITE CHARACTERISTICS ......................................... ...............................
2
2.3
PROJECT BACKGROUND ................................................................................. ..............................7
2.4
PROJECT GOALS AND OBJECTIVES .................................................................. ..............................7
2.5
PROJECT CHARACTERISTICS ............................................................................ ..............................8
31
2.6
REQUIRED PERMITS AND APPROVALS ........................................................... ...............................
9
SECTION 3.0 - ENVIRONMENTAL DETERMINATION ............................................. ............................... 11
3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: .............................................................. 11
3.2 DETERMINATION ......................................................................................... ............................... 11
SECTION 4.0- EVALUATION OF ENVIRONMENTAL IMPACTS ............................... ............................... 12
SECTION 5.0 - CHECKLIST OF ENVIRONMENTAL ISSUES ....................................... ...............................
14
5.1
AESTHETICS .................................................................................................... .............................14
5.2
AGRICULTURE & FOREST RESOURCES ......................................................... ...............................
16
5.3
AIR QUALITY ................................................................................................... .............................18
5.4
BIOLOGICAL RESOURCES ............................................................................... .............................29
5.5
CULTURAL RESOURCES ................................................................................ ...............................
31
5.6
GEOLOGY AND SOILS ..................................................................................... .............................37
5.7
GREENHOUSE GAS EMISSIONS ...................................................................... .............................40
5.8
HAZARDS AND HAZARDOUS MATERIALS ...................................................... .............................42
5.9
HYDROLOGY AND WATER QUALITY ............................................................. ...............................
46
5.10
LAND USE AND PLANNING ............................................................................ .............................49
5.11
MINERAL RESOURCES .................................................................................. ...............................
51
5.12
NOISE ............................................................................................................. .............................52
5.13
POPULATION AND HOUSING ....................................................................... ...............................
68
5.14
PUBLIC SERVICES ............................................................................................ .............................69
5.15
RECREATION ................................................................................................ ...............................
71
5.16
TRANSPORTATION AND TRAFFIC ................................................................. ...............................
72
5.17
UTILITIES AND SERVICE SYSTEMS .................................................................. .............................75
5.18
MANDATORY FINDINGS OF SIGNIFICANCE .................................................... .............................77
SECTION 6.0 - SOURCE REFERENCES ................................................................... ............................... 80
SECTION 7.0 - REPORT AUTHORS AND CONSULTANTS ........................................ ............................... 82
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APPENDICES
APPENDIX A: CALEEMOD MODEL AIR QUALITY OUTPUT FILES
APPENDIX B: CULTURAL RESOURCES LETTER REPORT
APPENDIX C: GEOTECHNICAL INVESTIGATION
APPENDIX D: CALEEMOD MODEL GREENHOUSE GAS OUTPUT FILES
APPENDIX E: INITIAL SITE ASSESSMENT
APPENDIX F: WATER QUALITY MANAGEMENT PLAN
APPENDIX G: HYDROLOGY REPORT
APPENDIX H: NOISE IMPACT ANALYSIS
The appendices may be accessed at the following webpage:
http:// www. newportbeachca .gov /pin /CEQA_DOCS.asp ?path= /Newport Blvd and
32nd Street Modification
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
LIST OF FIGURES
Figure 1: Location Map ................... ...............................
Figure 2: Project Feature Map ....... ............................... :.............
Figure 3: Land Use Compatibility Matrix ...... ...............................
Figure 4: Noise Measurement Locations ..... ...............................
Figure 5: Existing Noise Contours ................ ...............................
Figure 6: Existing With Project Noise Contours ..........................
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...................... ............................... 3
...................... ............................... 5
............. ............................... 55
.................... ............................... 59
............... 62
.. ............................... 63
Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
LIST OF TABLES
Page
Table 1: Right -of -Way Acquisitions ................................................................................. ..............................9
Table 2: Designations /Classifications for the Project Area ............................................ .............................21
Table 3: Ambient Air Quality Monitoring Summary ...................................................... .............................22
Table 4: Regional Thresholds of Significance ............................................................... ............................... 24
Table 5: Local Thresholds of Significance ..................................................................... ............................... 25
Table 6: Construction - Related Regional Emissions from the Proposed Project ............ .............................26
Table 7: Construction - Related Local Emissions ............................................................. .............................27
Table 8: Historic Property Data File Listings ................................................................ ............................... 34
Table 9: City of Newport Beach Significant Noise Impacts ........................................... .............................56
Table 10: Existing (Ambient) Noise Level Measurements ........................................... ............................... 58
Table 11: Construction Equipment Noise Emissions and Usage Factors ....................... .............................60
Table 12: Proposed Project Noise Impacts at Nearby Homes Prior to Mitigation ........ .............................61
Table 13: Mitigated Proposed Project Noise Impacts at Nearby Homes .................... ............................... 64
Table 14: Vibration Source Levels for Construction Equipment .................................... .............................65
Table 15: Construction Noise Levels at Nearby Receptors .......................................... ............................... 66
Table 16: Traffic Operations on Newport Boulevard ................................................... ............................... 73
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SECTION 1.0— INTRODUCTION
1.1 PURPOSE OF THE INITIAL STUDY
The City of Newport Beach proposes to widen Newport Boulevard and improve the intersection of
Newport Boulevard and 32nd Street in order to increase vehicular capacity and reduce existing traffic
congestion. The project would also introduce 6- foot -wide bike lanes along both sides of Newport
Boulevard and construct a public parking lot.
Projects within the State of California (State) are required to undergo environmental review to
determine the environmental impacts associated with implementation in accordance with the California
Environmental Quality Act (CEQA) unless a project is exempt. CEQA was enacted in 1970 by the
California Legislature to disclose to decision makers and the public the significant environmental effects
of a proposed project and identify possible ways to avoid or minimize significant environmental effects
of a project by requiring implementation of mitigation measures or recommending feasible alternatives.
CEQA applies to all California public agencies at all levels, including local, regional, and State, as well as
boards, commissions, and special districts. As such, the City of Newport Beach is required to conduct an
environmental review to analyze the potential environmental effects associated with the proposed
project.
The following Initial Study /Mitigated Negative Declaration (IS /MND) analyzes the potential for the
Newport Boulevard and 32nd Street Modification project (proposed project) to result in environmental
impacts. The environmental analysis conducted for this IS /MND determined that all impacts can be
reduced to a level less than significant; potential impacts and mitigation measures are presented below.
The City of Newport Beach will be the Lead Agency for purposes of CEQA, as it is the agency charged
with carrying out or approving the project.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
SECTION 2.0 —PROJECT DESCRIPTION AND ENVIRONMENTAL SETTING
2.1 PROJECT PURPOSE
The proposed project, located in the City of Newport Beach (City), has been developed to improve the
intersection of Newport Boulevard and 32nd Street in order to increase vehicular capacity and reduce
existing traffic congestion to an acceptable level of service (LOS) (Figure 1). The proposed project would
add an additional northbound through lane along Newport Boulevard from 30`" Street to 32nd Street and
add an additional southbound through lane along Newport Boulevard from Via Lido to 32nd Street,
terminating as a right -turn only lane at 32nd Street (Figure 2). The proposed project would introduce 6-
foot -wide bike lanes along both sides of Newport Boulevard, between 32 "d Street and Via Lido, to
provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard. The proposed
project would include a public parking lot on the west side of Newport Boulevard between 32nd Street
and Finley Avenue with a minimum of 27 parking spaces. The new public parking lot would replace the
27 curbside public parking spaces on Newport Boulevard, which will be eliminated by the widening of
the roadway. The proposed project would enhance the visual quality of the project area and improve
safety by introducing raised landscape medians on Newport Boulevard.
2.2 PROJECT LOCATION AND SITE CHARACTERISTICS
2.2.1 Project Site
The proposed project is located within a fully urbanized section of the City of Newport Beach and would
improve a segment of Newport Boulevard that begins at the intersection with 30`" Street and terminates
at the intersection with Via Lido (Figure 1). This segment of Newport Boulevard is classified as a Major
Road (Six Lane Divided) in the City of Newport Beach General Plan Circulation Element (City of Newport
Beach 2006). The proposed project will also include improvements on a segment of 32 "d Street that
begins at the alley east of Newport Boulevard and terminates at Marcus Avenue west of Newport
Boulevard. The segment of 32nd Street within the project area west of Newport Boulevard is classified as
a Secondary Road (Four Lane Undivided). A recent City project has reconfigured this roadway segment
into a two -lane road with bike lanes in each direction. The segment of 32 "d Street east of Newport
Boulevard is classified as a Commuter Roadway (Two Lane Undivided) in the circulation element. The
proposed project would remove the westbound free -right turn lane at Newport Boulevard. Bus stops
currently exist on both sides of Newport Boulevard within the proposed project area. The northbound
bus stop is located immediately south of Finley Avenue, while the southbound bus stop is located
immediately south of Short Street. Curbside metered parking spaces exist along Newport Boulevard and
32nd Street within the project area.
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Figure 2
Newport Ave/32nd Street IS /MND
Project Features Map
Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
2.2.2 Adjacent Land Uses and General Plan Designation /Zoning
Land uses surrounding the proposed project predominately consist of commercial and retail businesses
located along Newport Boulevard and 32 "d Street. These surrounding parcels have Corridor Commercial,
General Commercial, Neighborhood Commercial, and Visitor Serving Commercial General Plan Land Use
and Zoning designations. The proposed project is also adjacent to the former City Hall campus, which is
located on the northeast corner of the intersection of Newport Boulevard and 32nd Street. The former
City Hall campus parcel has a General Plan Land Use and a Zoning designation of Public Facilities. Parcels
south of 32 "d Street adjacent to the proposed project have a General Plan Land Use Designation of
Mixed -Use Horizontal and a Zoning Designation of Mixed -Use Cannery Village /15th Street. Parcels north
of the former City Hall complex have a General Plan Land Use and Zoning designation of General
Commercial.
2.3 PROJECT BACKGROUND
The proposed project site is approximately 1,000 feet from the Pacific Ocean. During summer seasons,
many visitors to Newport Beach travel southbound on Newport Boulevard and head west on 32nd Street
to access the beach. Due to this significant increase of vehicles, Newport Boulevard is congested and
currently operates at LOS F. In addition, a significant amount of bicycle traffic is also present due to the
proximity to the beach. This proposed project will increase vehicular capacity and improve the level of
service. In addition, it will also improve the safety and mobility of bicycle traffic.
The design, right -of -way (ROW) and construction phases are funded by the Orange County Measure M
competitive funds as part of the Comprehensive Transportation Funding Program (Measure M CTFP)
and Gas Tax funds.
2.4 PROJECT GOALS AND OBJECTIVES
Implementation of the proposed project will improve traffic circulation and reduce existing traffic
congestion to an acceptable level of service. Primary objectives of the proposed project include:
• Introducing an additional northbound through lane along Newport Boulevard from 30th Street to
32nd Street;
• Introducing an additional southbound through lane along Newport Boulevard from Via Lido to
32nd Street, terminating as a right -turn only lane at 32nd Street;
• Modifying the intersection of Newport Boulevard and 32nd Street to improve traffic operations;
• Introducing raised, landscaped medians to improve safety;
• Introducing 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd Street
and Via Lido to provide a connection to the existing bike lanes along 32nd Street west of Newport
Boulevard.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
2.5 PROJECT CHARACTERISTICS
2.5.1 Roadwav and Sienal Modifications
The proposed project would introduce one additional northbound through lane on Newport Boulevard
from 301h Street to 32nd Street and one additional southbound through lane on Newport Boulevard from
Via Lido to 32nd Street, terminating as a right -turn only lane at 32nd Street. The proposed project would
require traffic signal modifications at the intersections of 30th Street, 32nd Street, Finley Avenue and Via
Lido. Introduction of a raised, landscaped median along Newport Boulevard would eliminate the existing
left turning movements from southbound Newport Boulevard onto eastbound 31s' Street and from
westbound 31' Street onto southbound Newport Boulevard. Acquisition of the two existing bank
properties and roadway modifications on 32nd Street would result in the closure of the alley access that
bisects these properties. The alley would be reconfigured to connect to the proposed public parking lot,
which will include an exit /entrance via Marcus Avenue.
The proposed project would also introduce 6- foot -wide bike lanes along both sides of Newport
Boulevard between 32nd Street and Via Lido to provide a connection to existing bike lanes on 32nd Street
west of Newport Boulevard. Project construction would require temporary lane closures on both
Newport Boulevard and 32nd Street; however, a traffic control plan would be implemented during
construction to minimize disruptions due to lane closures.
Implementation of the proposed project would eliminate approximately 27 existing curbside metered
parking spaces between 30th Street and Via Lido. These parking spaces will be replaced on properties to
be acquired by the City as a part of the proposed project described below in Section 2.5.3. Both bus
stops along Newport Boulevard would be relocated to a location near each existing bus stop.
2.5.2 Median. Landscaping, and Sidewalk Modifications
The proposed improvements of Newport Boulevard north and south of the 32nd Street intersection
would include construction of raised, landscaped medians that would improve safety and enhance the
visual quality of the proposed project area. Additional visual enhancements associated with the
proposed project include introduction of landscaping at the southeast corner of the intersection of
Newport Boulevard and 32nd Street and northeast corner of the intersection of Newport Boulevard and
Finley Avenue. The proposed project would also add landscaping to screen the proposed public parking
lot at the northwest corner of Newport Boulevard and 32 "d Street. Project landscaping must be found
consistent with the Lido Village Design Guidelines prepared by the City of Newport Beach.
Project improvements would also include construction of new curb and gutters, curbs, sidewalks, curb
ramps, driveway approaches, storm drain catch basins, street lights, signs, striping, signals, utility
meters, Southern California Edison (SCE) air vents, and other items within the project area. Parking
meters and several large palm trees will need to be removed and salvaged or disposed as directed by
City staff.
Existing pavement within the proposed project area is generally in fair condition with the exception of a
portion of Newport Boulevard between Finley Avenue and 32nd Street that appears to be in poor
condition in both the northbound and southbound lanes. Pavement treatment for the proposed project
would consist of isolated full -depth reconstruction and cold mill and overlay.
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2.5.3 Right -of -Way Acquisitions
Current project design as presented in Figure 2 anticipates that the proposed project would require
ROW acquisitions from three privately -owned parcels and two partial property dedications from two
City -owned parcels. The environmental evaluation presented in this IS /MND includes the ROW
acquisitions and dedications listed below in Table 1 in order to present the most conservative analysis.
Private property ROW acquisitions under current project design would include a full property acquisition
of the vacant Wachovia Bank building located at the northwest corner of the Newport Boulevard and
32nd Street intersection and the property west of the vacant Wachovia Bank Building currently
configured as a parking lot for the bank. The existing structure and parking lot on both of these parcels
would be demolished, and the two parcels would be converted to a public parking lot to provide
replacement parking for the loss of on- street curbside parking. Current project design would require a
partial ROW acquisition of the commercial property north of the vacant Wachovia Bank building.
Table 1: Right -of -Way Acquisitions
Address
3201
Ownership
Private
Existing Use
Vacant Wachovia Bank Building
ROW Acquisition
8,684 SF (Full Acquisition)
3204
Private
Parking Lot for Vacant Wachovia Bank Building
6,748 SF (Full Acquisition)
3305
.Private
Commercial with Parking Lot
48 SF (Partial Acquisition)
3300
City
Former City Hall
10,782 SF (Partial Dedication)
3531
City
Passive Recreation
1,224 SF (Partial Dedication)
Current project design would require dedication of 0.25 acre of land from the former City Hall parcel
located at the northeast corner of the intersection of Newport Boulevard and 32nd Street (3300 Newport
Boulevard). This segment of the former City Hall parcel would be incorporated into the expanded ROW
of Newport Boulevard. Similarly, current project design would require dedication of 0.03 acre of the
City -owned Gateway Park located at the southwest corner of Newport Boulevard and Short Street (3531
Newport Boulevard) that would be incorporated into the expanded ROW of Newport Boulevard.
2.5.4 Project Schedule
Construction of the proposed project is expected to occur over a six -month period, beginning
September 2015 and ending March 2016. To minimize public inconvenience, the construction phase will
need to be completed prior to the start of Summer 2016. Construction activities will typically take place
between the hours of 7:00 a.m. and 4:30 p.m., Monday thru Friday.
2.6 REQUIRED PERMITS AND APPROVALS
As required by the CEQA Guidelines, this section provides, to the extent of the information known to the
City, the CEQA Lead Agency, a list of agencies that are expected to use this IS /MND in their decision
making, and a list of permits and other approvals required to implement the proposed project.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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2.6.1 Lead Aaencv Aouroval
This IS /MND must be approved by the City Council as to its adequacy in complying with the
requirements of CEQA before any action on the proposed project is taken. The analysis presented in the
IS /MND is intended to provide a full disclosure of the proposed project's environmental impacts and
mitigation measures to reduce those impacts to a level less than significant.
2.6.2 Other Required Permits and Approvals
The proposed project would require a Coastal Development Permit (CDP). The City of Newport Beach
does not have a certified Local Coastal Program (LCP) and, therefore, does not have the jurisdiction to
issue CDPs. The City does, however, have a Coastal Land Use Plan that has been certified by the
California Coastal Commission (CCC). Since the City does not have permit jurisdiction, the City reviews
pending development projects for consistency with the City's General Plan, Coastal Land Use Plan, and
Zoning regulations before an applicant can file for a CDP with the CCC. The City would apply for a CDP
with the South Coast District Office of the CCC, located at 200 Oceangate, loth Floor, Long Beach,
California 90802 -4416.
The proposed project would require preparation of a Storm Water Pollution Prevention Plan (SWPPP)
that would document best management practices (BMPs) to prevent stormwater pollution during
construction. Operational BMPs to prevent stormwater pollution over the course of the life of the
project would be documented in the water quality management plan (WQMP) to be prepared for the
proposed project.
2.6.3 Reviewing Agencies
Reviewing Agencies include those agencies that do not have discretionary powers but that may review
the IS /MND for adequacy and accuracy. Potential Reviewing Agencies include the following:
State of California
• Office of Planning and Research
• Office of Historic Preservation
Native American Heritage Commission
• California Department of Fish and Wildlife
Regional Agencies
• South Coast Air Quality Management District
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SECTION 3.0 — ENVIRONMENTAL DETERMINATION
3.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would potentially be affected by this project involving at least
one impact that is a 'Potentially Significant Impact," as indicated by the checklists on the following
pages.
2. I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
❑ Aesthetics
❑
Agriculture Resources
❑
Air quality
❑ Biological Resources
®
Cultural Resources
®
Geology /Soils
❑ GHG Emissions
®
Hazards& Hazardous Materials
❑
Hydrology / Water Quality
❑ Land Use /Planning
❑
Mineral Resources
®
Noise
❑ Population /Housing
❑
Public Services
❑
Recreation
❑ Transportation /Traffic
❑
Utilities /Service Systems
❑
Mandatary Findings of Significance
3.2 DETERMINATION
On the basis of this initial evaluation:
1. 1 find that the project could not have a significant effect on the environment, and a
❑
NEGATIVE DECLARATION will be prepared.
2. I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
3. 1 find the proposed project may have a significant effect on the environment, and an
❑
ENVIRONMENTAL IMPACT REPORT is required.
4. 1 find that the proposed project may have a "potentially significant impact' or
❑
"potentially significant unless mitigated impact" on the environment, but at least one
effect (1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and (2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
S. I find that although the proposed project could have a significant effect on the
❑
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Negative Declaration pursuant to applicable standards,
and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative
Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
Signature4 Date
Andy Tran, P.E. Senior Civil Engineer, Public Works Department
Name Title
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SECTION 4.0 — EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact'
answer should be explained where it is based on project- specific factors as well as general standards
(e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific
screening analysis).
2. All answers must take account of the whole action involved, including offsite as well as onsite,
cumulative as well as project- level, indirect as well as direct, and construction as well as operational
impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist
answers must indicate whether the impact is potentially significant, less than significant with
mitigation, or less than significant. "Potentially Significant Impact' is appropriate if substantial
evidence exists that an effect may be significant. If one or more "Potentially Significant Impact"
entries are marked when the determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to
a "Less Than Significant Impact." The lead agency must describe the mitigation measures and briefly
explain how they reduce the effect to a less than significant level (mitigation measures from earlier
analyses may be cross - referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).
In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from the
earlier document and the extent to which they address site - specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated.
Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
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8. The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and
b. the mitigation measure identified, if any, to reduce the impact to less than significant.
*Note: Instructions may be omitted from final document.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
SECTION 5.0 — CHECKLIST OF ENVIRONMENTAL ISSUES
5.1 AESTHETICS
5.1.1 Impact Analysis
(a) The proposed project site is located within a fully urbanized section of the City of Newport
Beach and does not offer any scenic views of Newport Bay or other scenic features within
Newport Beach. Furthermore, the proposed project is limited to roadway and intersection
improvements, and construction of a public parking lot. The proposed project would not
construct new structures that would block any existing views. Therefore, the proposed project
would not have a substantial adverse effect on a scenic vista, and impacts would be less than
significant.
(b) The proposed project site consists of a paved roadway intersection surrounded by commercial
and retail businesses within a fully urbanized section of the City of Newport Beach. The
proposed project site does not possess any scenic resources such as trees or rock outcroppings
and is typical of an urbanized roadway intersection. Research conducted in support of the
Cultural Resources Letter Report prepared for the proposed project determined that the vacant
Wachovia Bank Building that would be demolished in order to construct a new public parking lot
is not eligible for listing to the California Register of Historical Resources (See Section 5.5 -2(a)
below). No officially designated scenic vistas or scenic highways are located within Newport
Beach. Although State Route 1(SR -1) is identified as Eligible for State Scenic Highway
designation, views of the project site from SR -1 would not be impacted by roadway and
intersection improvements. Therefore, impacts on scenic resources would be less than
significant.
(c) The proposed project consists of a paved roadway intersection surrounded by commercial and
retail businesses within a fully urbanized section of the City of Newport Beach. The visual
character of the proposed project site is typical of an urbanized roadway intersection that does
not possess any unique scenic resources. Widening of Newport Boulevard and improving the
intersection with 32 "d Street would not dramatically alter the existing visual character of the
project site. Furthermore, the vacant Wachovia Bank Building that would be demolished in
order to construct a new public parking lot does not possess high visual quality; loss of the
Chambers Group, Inc. 14
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Less than
Potentially
Significant
Less Than
t
AESTHETICS.
Significant
With
Significant
No
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Have a substantial adverse effect on a scenic vista?
❑
❑
®
❑
(b)
Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
❑
❑
®
❑
historic buildings within a state scenic highway?
(c)
Substantially degrade the existing visual character
E]
E-1
®
El
or quality of the site and its surroundings?
(d)
Create a new source of substantial light or glare
which would adversely affect day or nighttime views
❑
❑
❑
in the area?
5.1.1 Impact Analysis
(a) The proposed project site is located within a fully urbanized section of the City of Newport
Beach and does not offer any scenic views of Newport Bay or other scenic features within
Newport Beach. Furthermore, the proposed project is limited to roadway and intersection
improvements, and construction of a public parking lot. The proposed project would not
construct new structures that would block any existing views. Therefore, the proposed project
would not have a substantial adverse effect on a scenic vista, and impacts would be less than
significant.
(b) The proposed project site consists of a paved roadway intersection surrounded by commercial
and retail businesses within a fully urbanized section of the City of Newport Beach. The
proposed project site does not possess any scenic resources such as trees or rock outcroppings
and is typical of an urbanized roadway intersection. Research conducted in support of the
Cultural Resources Letter Report prepared for the proposed project determined that the vacant
Wachovia Bank Building that would be demolished in order to construct a new public parking lot
is not eligible for listing to the California Register of Historical Resources (See Section 5.5 -2(a)
below). No officially designated scenic vistas or scenic highways are located within Newport
Beach. Although State Route 1(SR -1) is identified as Eligible for State Scenic Highway
designation, views of the project site from SR -1 would not be impacted by roadway and
intersection improvements. Therefore, impacts on scenic resources would be less than
significant.
(c) The proposed project consists of a paved roadway intersection surrounded by commercial and
retail businesses within a fully urbanized section of the City of Newport Beach. The visual
character of the proposed project site is typical of an urbanized roadway intersection that does
not possess any unique scenic resources. Widening of Newport Boulevard and improving the
intersection with 32 "d Street would not dramatically alter the existing visual character of the
project site. Furthermore, the vacant Wachovia Bank Building that would be demolished in
order to construct a new public parking lot does not possess high visual quality; loss of the
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
vacant Wachovia Bank Building would not degrade the existing visual character of the project
site.
The proposed project would introduce landscaping features that would enhance the visual
quality of the proposed project area. Visual enhancements associated with the proposed project
include introduction of raised, landscaped medians and new landscaping to screen the proposed
public parking lot at the northwest corner of Newport Boulevard and 32nd Street. Additional
visual enhancements associated with the proposed project include landscaping at the southeast
corner of the intersection of Newport Boulevard and 32nd Street and northeast corner of the
intersection of Newport Boulevard and Finley Avenue. Project landscaping is intended to be
consistent with the approved plant palette presented in the Lido Village Design Guidelines
prepared by the City of Newport Beach. Therefore, the proposed project would improve the
existing visual character of the proposed project site, and impacts would be less than significant.
(d) Existing light sources within the proposed project site consist of intersection signals and street
lights. The proposed project would relocate existing intersection signals and street lights if
necessary to conform to the improved intersection configuration but would not introduce any
sources of light. The expanded roadway and landscaping features would not be constructed of
reflective materials that could introduce new sources of glare. Additionally, the proposed
project is limited to roadway and intersection improvements, and construction of a public
parking lot. The proposed project would not construct new structures that would introduce new
sources of light or glare. Therefore, no impacts would occur.
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5.2 AGRICULTURE & FOREST RESOURCES
5.2.1 Impact Analysis
(a) The proposed project is located within a fully urbanized section of the City of Newport Beach
and does not consist of any active farmland or land designated as Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance (farmland) by the Farmland Mapping and
Monitoring Program of the California Resources Agency. Therefore, the proposed project would
not convert any farmland to nonagricultural uses. No impacts would occur.
(b) The proposed project site and surrounding land uses are not zoned for agricultural use. The
proposed project site consists of portions of the existing Newport Boulevard and 32nd Street
roadways, existing land uses zoned for commercial use, and portions of properties zoned for
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AGRICULTURE & FOREST RESOURCES.
(In determining whether impacts to agricultural
resources are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California
Department of Conservation as an optional model
to use in assessing impacts on agriculture and
Less than
farmland.) In determining whether impacts to
Potentially
Significant
Less Than
2.
forest resources, including timberland, are
Significant
With
Significant
No
significant environmental effects, lead agencies
Impact
Mitigation
Impact
Impact
may refer to information compiled by the
Incorporated
California Department of Forestry and Fire
Protection regarding the state's inventory of forest
land, including the Forest and Range Assessment
Project and the Forest Legacy Assessment project;
and forest carbon measurement methodology
provided in Forest Protocols adopted by the
California Air Resources Board.)
Would the project:
(a)
Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
El
11
El
0
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural
use?
(b)
Conflict with existing zoning for agricultural use, or
❑
❑
a Williamson Act contract?
(c)
Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220(8)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
(d)
Result in the loss of forest land or conversion of
forest land to nonforest use?
(e)
Involve other changes in the existing environment
which, due to their location or nature, could result
in conversion of Farmland, to nonagricultural use or
the conversion of forest land to nonforest use?
5.2.1 Impact Analysis
(a) The proposed project is located within a fully urbanized section of the City of Newport Beach
and does not consist of any active farmland or land designated as Prime Farmland, Unique
Farmland, or Farmland of Statewide Importance (farmland) by the Farmland Mapping and
Monitoring Program of the California Resources Agency. Therefore, the proposed project would
not convert any farmland to nonagricultural uses. No impacts would occur.
(b) The proposed project site and surrounding land uses are not zoned for agricultural use. The
proposed project site consists of portions of the existing Newport Boulevard and 32nd Street
roadways, existing land uses zoned for commercial use, and portions of properties zoned for
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
commercial and public use. Land uses surrounding the proposed project consist of properties
zoned for commercial, public, and mixed use. Therefore, the proposed project would not
conflict with existing zoning for agricultural use or a Williamson Act contract. No impacts would
occur.
(c) The proposed project site and surrounding land uses are not zoned for forest land, timberland,
or timberland production. Therefore, the proposed project would not conflict with existing
zoning for forest land ortimberland. No impacts would occur.
(d) The proposed project is located within a fully urbanized section of the City of Newport Beach
and does not consist of forest land. Therefore, the proposed project would not convert any
forest land to nonforest uses. No impacts would occur.
(e) The proposed project is located within a fully urbanized section of the City of Newport Beach
and does not consist of any active farmland or forest land. Therefore, the proposed project
would not convert any farmland to nonagricultural use or forest land to nonforest use. No
impacts would occur.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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5.3 AIR QUALITY
The impact evaluation presented in Section 5.3 is based on the air quality impact analysis prepared by
Vista Environmental utilizing the CaIEEMod model. Output files for the CalEEMod Model prepared for
the proposed project are included as Appendix A of this IS /MND.
5.3.1 Environmental Setting
The proposed project site is located in the City of Newport Beach, which is located within the South
Coast Air Basin (SCAB). Air quality regulation within the SCAB is administered by the South Coast Air
Quality Management District (SCAQMD), which implements the programs and regulations required by
the federal and State Clean Air acts.
Atmospheric Setting
The SCAB lies in the semi - permanent high - pressure zone of the eastern Pacific that results in a semi -arid
regional climate characterized by warm summers, mild winters, infrequent seasonal rainfall, moderate
daytime onshore breezes, and moderate humidity. The local climate is primarily influenced by the
proximity of the project site to the Pacific Ocean, which usually provides mild- tempered sea breezes and
a shallow marine layer. This usually mild climatological pattern is interrupted infrequently by periods of
extremely hot weather, winter storms, or Santa Ana winds. Average temperatures for Newport Beach,
which is the nearest monitored location, range from a low of 49 degrees Fahrenheit ( °F) in December to
highs of 72 °F in August. Rainfall averages approximately 11 inches a year, with almost all annual rainfall
coming from the fringes of mid - latitude storms from late November to early April, with summers being
almost completely dry.
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AIR QUALITY.
(Where available, the significance criteria
less than
established by the applicable air quality
Potentially
Significant
Less Than
3.
management or air pollution control district may
Significant
With
Significant
No
be relied upon to make the following
Impact
Mitigation
Impact
Impact
determinations.)
Incorporated
Would the project:
(a)
Conflict with or obstruct implementation of the
1-1
El
®
El
air quality plan?
(b)
Violate any air quality standard or contribute
substantially to an existing or projected air quality
❑
❑
®
❑
violation?
(c)
Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
is nonattainment under an applicable federal or
El
El
®
E]
state ambient air quality standard (including
releasing emissions which exceed quantitative
thresholdsforozone precursors)?
(d)
Expose sensitive receptors to substantial pollutant
❑
❑
®
❑
concentrations?
(e)
Create objectionable odors affecting a substantial
❑
❑
®
❑
number of people?
The impact evaluation presented in Section 5.3 is based on the air quality impact analysis prepared by
Vista Environmental utilizing the CaIEEMod model. Output files for the CalEEMod Model prepared for
the proposed project are included as Appendix A of this IS /MND.
5.3.1 Environmental Setting
The proposed project site is located in the City of Newport Beach, which is located within the South
Coast Air Basin (SCAB). Air quality regulation within the SCAB is administered by the South Coast Air
Quality Management District (SCAQMD), which implements the programs and regulations required by
the federal and State Clean Air acts.
Atmospheric Setting
The SCAB lies in the semi - permanent high - pressure zone of the eastern Pacific that results in a semi -arid
regional climate characterized by warm summers, mild winters, infrequent seasonal rainfall, moderate
daytime onshore breezes, and moderate humidity. The local climate is primarily influenced by the
proximity of the project site to the Pacific Ocean, which usually provides mild- tempered sea breezes and
a shallow marine layer. This usually mild climatological pattern is interrupted infrequently by periods of
extremely hot weather, winter storms, or Santa Ana winds. Average temperatures for Newport Beach,
which is the nearest monitored location, range from a low of 49 degrees Fahrenheit ( °F) in December to
highs of 72 °F in August. Rainfall averages approximately 11 inches a year, with almost all annual rainfall
coming from the fringes of mid - latitude storms from late November to early April, with summers being
almost completely dry.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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Regulatory Setting
National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS)
have been established for the following criteria pollutants: carbon monoxide (CO), ozone, sulfur dioxide
(SOJ, nitrogen dioxide (NO2), inhalable particulate matter (PM1o), fine particulate matter WWI), and
lead. The CAAQS also set standards for sulfates, hydrogen sulfide, and visibility.
Areas are classified under the Federal Clean Air Act as either "attainment' or "nonattainment areas for
each criteria pollutant, based on whether the NAAQS have been achieved or not. Attainment relative to
the State standards is determined by CARB. The SCAB has been designated by the Federal
Environmental Protection Agency (EPA) as a nonattainment area for ozone (03) and suspended
particulates (PM10 and PM2.5). Currently, the SCAB is in attainment with the ambient air quality
standards for carbon monoxide (CO), lead, sulfur dioxide (SO2), and nitrogen dioxide (NOA
The EPA has designated SCAB as extreme nonattainment for the 8 -hour average ozone standard. On
March 12, 2008, the EPA strengthened its 8 -hour "primary" and "secondary" ozone standards to 0.075
ppm. The previous standard set in 1997, was 0.08 ppm. The SCAQMD, the agency principally responsible
for comprehensive air pollution control in the SCAB, has developed a plan incorporated in the 2007 Air
Quality Management Plan (AQMP) that shows measures to reduce 8 -hour ozone levels to below the
federal standard by June 15, 2021.
The EPA has designated SCAB as nonattainment for ozone, PM2.5, and PM,o. In 1997, the EPA established
standards for PM2.5 (particles less than 2.5 micrometers), which were not implemented until March
2002. PM2.5 is a subset of the PM10 emissions whose standards were developed to complement the PM10
standards that cover a full range of inhalable particle matter. The SCAQMD has developed a plan that
shows measures to reduce PM2.1 levels to below the federal standard by 2014. For the PM10 health
standards, the annual PM10 standard was revoked by the EPA on October 17, 2006; and the 24 -hour
average PM10 standard was to be achieved by December 31, 2006. The SCAB has met the PM10 standards
at all monitoring stations, and a request for redesignation is pending with the EPA.
PM2.5 concentrations in the SCAB have improved in recent years, with 2010 and 2011 being the cleanest
years on record. In 2011, only one station in the SCAB (Metropolitan Riverside County at Mira Loma)
exceeded the annual PM2.5 NAAQS and the 98th percentile form of the 24 -hour PM2,5 NAAQS, as well as
the 3 -year design values for these standards. SCAB -wide, the federal PM2,5 24 -hour standard level was
exceeded in 2011 on 17 sampling days.
The SCAB is currently in attainment for the federal standards for S02, CO, and NO2. While the
concentration level of the new 1 -hour NO2 federal standard (100 ppb) was exceeded in the SCAB at two
stations (Central Los Angeles and Long Beach) on the same day in 2011, the NAAQS NO2 design value has
not been exceeded. Therefore, the SCAB remains in attainment of the NO2 NAAQS.
The SCAB has been designated by CARB as a nonattainment area for ozone, PM10, and PM2,5. Currently,
the SCAB is in attainment with the ambient air quality standards for CO, lead, SOD NO2, and sulfates and
is unclassified for visibility reducing particles and hydrogen sulfide.
On June 20, 2002, the CARB revised the PM10 annual average standard to 20 micrograms per cubic
meter (µg/m3) and established an annual average standard for PM2.5 of 12 t1g /m3. These standards were
approved by the Office of Administrative Law in June 2003 and are now effective. On September 27,
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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2007, CARB approved the SCAB and the Coachella Valley 2007 Air Quality Management Plan for
Attaining the Federal 8 -hour Ozone and PMz,S Standards. The plan projects attainment for the 8 -hour
Ozone standard by 2024 and the PM2., standard by 2015. A revised draft of the 2012 AQMP was
released in September, 2012, was adopted by the SCAQMD Board on December 7, 2012, and was
adopted by CARB via Resolution 13 -3 on January 25, 2013. The 2012 AQMP was prepared in order to
meet the federal Clean Air Act requirement that all 24 -hour PM2.5 nonattainment areas prepare a State
Implementation Plan (SIP), that was required to be submitted to the U.S. EPA by December 14, 2012,
and demonstrate attainment with the 24 -hour PM2.5 standard by 2014. The 2012 AQMP demonstrates
attainment of the federal 24 -hour PMZ,S standard by 2014 in the SCAB through adoption of all feasible
measures; and therefore, no extension of the attainment date is needed. Table 2 presents the
designations and classifications applicable to the proposed project area.
Monitored Air Quality
The air quality at any site is dependent on the regional air quality and local pollutant sources. Regional
air quality is determined by the release of pollutants throughout the SCAB. Estimates of the existing
emissions in the SCAB provided in the 2012 Air Quality Management Plan, December 2012, indicate that
collectively, mobile sources account for 59 percent of the volatile organic compounds (VOCs), 88
percent of the NOx emissions, and 40 percent of directly emitted PM2.5, with another 10 percent of
PM2.5 from road dust.
The SCAQMD has divided the SCAB into 38 air - monitoring areas with a designated ambient air
monitoring station representative of each area. The project site is located in air monitoring area 18,
which covers the northern coastal area of Orange County. Since not all air monitoring stations measure
all of the tracked pollutants, the data from the following two monitoring stations, listed in the order of
proximity to the project site, have been used: Costa Mesa -Mesa Verde Monitoring Station (Costa Mesa
Station) and Mission Viejo Monitoring Station (Mission Viejo Station).
The Costa Mesa Station is located approximately 3.7 miles north of the project site at 2850 Mesa Verde
Drive East, Costa Mesa; and the Mission Viejo Station is located approximately 15 miles east of the
project site at 26081 Via Pera, Mission Viejo. Table 3 presents the monitored pollutant levels from these
monitoring stations. Ozone, CO, NO2, and were measured at the Costa Mesa Station; and PM,o and PM2.5
were measured at the Mission Viejo Station. It should be noted, however, that due to the air monitoring
stations' distances from the project site, recorded air pollution levels at the air monitoring stations
reflect local air quality conditions at the project site with varying degrees of accuracy. Table 3 presents
the composite of gaseous pollutants monitored from 2010 through 2012 at the Costa Mesa and Mission
Viejo stations.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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Table 2: Designations /Classifications for the Project Area
Pollutant Averaging rime
Attainim n Date
1979
1 -Hour
Nonattainment (Extreme)
1 -Hour Ozone (03)3
(0.12 ppm)
11/15/2010 (not attained)
1997
8 -Hour
Nonattainment (Extreme)
8 -Hour Ozone (03)4
(0.08 ppm)
6/15/2024
Nonattainment
2008
8 -Hour
Nonattainment (Extreme)
8 -Hour Ozone(0a)
(0.075 ppm)
12/31/2032
1 -Hour (35 ppm)
Attainment (Maintenance)
Carbon Monoxide (CO)
8 -Hour (9 ppm)
6/11/2007 (attained)
Maintenance
1 -Hour
Unclassifiable /Attainment
Nitrogen Dioxide (NO2) 3
(100 ppb)
Attained
Nonattainment
Annual
Attainment (Maintenance)
(0.053 ppm)
9/22/1998
1-Hour (75 ppb)
Designation Pending/ Pending
Sulfur Dioxide (SO,)s
24 -Hour (0.14 ppm)
Unclassifiable /Attainment
Attainment
Annual (0.03 ppm)
3/19/1979 (attained)
24 -Hour
Nonattainment (Serious)
Particulate Matter (PM,)
a
(150 µg /m)
7
12/31/2006 (redesignation submitted)
Nonattainment
24 -Hour
Nonattainment
(35 µg /m3)
12/14/2014
Particulate Matter (PM,.,,
Nonattainment
Annual
Nonattainment
(15.0 µg/m)
4/5/2015
3- Months Rolling
Nonattainment (Partial)3
Lead (Pb)
3
(0.15 µg /m)
12/31/2015
Nonattainment
` Obtained from 2012 AQMP, SCAQMD, 2012. Ad esign value below the NAAQS for data through the full year or smog season prior to the
attainment date is typically required for attainment demonstration.
Obtained from http: / /www.arb.ca.gov /desig /adm /adm.htm.
° 1 -hour % standard (0.12 ppm) was revoked, effective June 15, 2005; however, the SCAB has not attained this standard based on 2008-
2010 data has some continuing obligations under the former standard.
° 1997 8 -hour % standard (0.08 ppm) was reduced (0.075 ppm), effective May 27, 2008; the 1997 % standard and most related
implementation rules remain in place until the 1997 standard is revoked by U.S. EPA.
° New N021 -hour standard, effective August 2, 2010; attainment designations January 20, 2012; annual NOi standard retained.
s The 1971 annual and 24-hour S% standards were revoked, effective August 23, 2010; however, these 1971 standards will remain in
effect until one year after U.S. EPA promulgates area designations forthe 2010 SO, 1 -hour standard.
7 Annual PMio standard was revoked, effective December 18, 2006; redesignation request to Attainment of the 24-hour PM °o standard is
pending with U.S. EPA
° Partial Nonattainment designation— Los Angeles County portion of SCAB only.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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Table 3: Ambient Air Quality Monitoring Summary
Ozone (03)
Max 1 Hour (ppm)
0.097
0.093
0.090
Days > CAAQS (0.09 ppm)
1
0
0
Max 8 Hour (ppm)
0.076
0.077
0.076
Days > NAAQS (0.08 ppm)
1
1
1
Days > CAAQS (0.070 ppm)
2
2
1
Carbon Monoxide (CO)
Max 1 Hour (ppm)
2.4
2.9
2.0
Days > NAAQS (20 ppm)
0
0
0
Max 8 Hour (ppm)
2.09
2.22
1.71
Days > NAAQS (9 ppm)
0
0
0
Nitrogen Dioxide (NO,)
Max 1 Hour (ppb) 70.0 60.5 74.4
Days> NAAQS (100 ppb) 0 0 0
Particulate Matter (PM,,,)
Max Daily California Measurement
34
48
37
Days > NAAQS (150µg /m)
0
0
0
Days > CAAQS (50 pg /m3)
0
0
0
State Average (20 pg /m)
ND
18.8
17.0
Particulate Matter (PM2.$)
Max Daily National Measurement
19.9
33.4
27.6
Days > NAAQS (35 pg /m3)
0
0
0
National Average (15.0 Milm)
7.9
8.5
7.9
State Average (12pg /m3)
ND
ND
7.9
Abbreviations:
> = exceed ppm = parts per million ppb =parts per billion Vg/M3 = micrograms per cubic meter
CAAQS = California Ambient Air Quality Standard NAAQS = National Ambient Air Quality
ND = Insufficient or No Data Bold = exceedance
Source: http: / /www.arb.ca.gov /adam/
5.3.2 Impact Analysis
(a) CEQA requires a discussion of any inconsistencies between a proposed project and applicable
general plans (GPs) and regional plans (CEQA Guidelines Section 15125). The regional plan that
applies to the proposed project includes the SCAQMD Air Quality Management Plan (AQMP).
Therefore, this section discusses any potential inconsistencies of the proposed project with the
AQMP.
The purpose of this discussion is to set forth the issues regarding consistency with the
assumptions and objectives of the AQMP and discuss whether the proposed project would
interfere with the region's ability to comply with federal and State air quality standards. If the
decision - makers determine that the proposed project is inconsistent, the lead agency may
consider project modifications or inclusion of mitigation to eliminate the inconsistency.
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The SCAQMD CEQA Handbook states that "New or amended GP Elements (including land use
zoning and density amendments), Specific Plans, and significant projects must be analyzed for
consistency with the AQMP" Strict consistency with all aspects of the plan is usually not
required. A proposed project should be considered to be consistent with the AQMP if it furthers
one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook
identifies two key indicators of consistency:
(1) Whether the project will result in an increase in the frequency or severity of existing air
quality violations or cause or contribute to new violations, or delay timely attainment of
air quality standards or the interim emission reductions specified in the AQMP (except
as provided for CO in Section 9.4 for relocating CO hot spots).
(2) Whether the project will exceed the assumptions in the 2012 AQMP or increments
based on the year of project buildout and phase.
Both of these criteria are evaluated in the following sections.
Criterion 1- Increase in the Frequency or Severity of Violations?
Based on the air quality modeling analysis conducted for the proposed project, short-term
construction impacts would not result in significant impacts based on the SCAQMD's regional
and local thresholds of significance. The air quality impact analysis also found that long -term
operations impacts will not result in significant impacts based on the SCAQMD regional, local,
and toxic air contaminant thresholds of significance. Therefore, the proposed project is not
projected to contribute to the exceedance of any air pollutant concentration standards and is
found to be consistent with the AQMP for the first criterion.
Criterion 2 - Exceed Assumptions in the AQMP?
Consistency with the AQMP assumptions is determined by performing an analysis of the
proposed project with the assumptions in the AQMP. The emphasis of this criterion is to ensure
that the analyses conducted for the proposed project are based on the same forecasts as the
AQMP. The Regional Comprehensive Plan and Guide consists of three sections: Core Chapters,
Ancillary Chapters, and Bridge Chapters. The Growth Management, Regional Mobility, Air
Quality, Water Quality, and Hazardous Waste Management chapters constitute the Core
Chapters of the document. These chapters currently respond directly to federal and State
requirements placed on SCAG. Local governments are required to use these as the basis of their
plans for purposes of consistency with applicable regional plans under CEQA. For this project,
the City of Newport Beach General Plan Land Use Plan defines the assumptions that are
represented in the AQMP.
The proposed project consists of widening Newport Boulevard through adding a northbound
through lane from 30" Street to 32nd Street, adding a southbound through lane from Via Lido to
32nd Street, adding 6- foot -wide bike lanes on both sides of Newport Boulevard between 32nd
Street and Via Lido, and providing a connection to the existing bike lanes on 32nd Street. The
proposed project would also include the construction of a public parking lot on the west side of
Newport Boulevard with a minimum of 27 parking spaces, which would include reconfiguration
of the existing alley. The proposed project would not generate any additional traffic, and the
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only alteration to traffic patterns would occur from the minor reconfiguration of an existing
alley. The proposed project would not require a General Plan Amendment or zone change.
Therefore, the proposed project is not anticipated to exceed the AQMP assumptions for the
project site and is found to be consistent with the AQMP for the second criterion.
Based on the above, the proposed project will not result in an inconsistency with the SCAQMD
AQMP. Accordingly, the proposed project would not conflict with or obstruct implementation of
the applicable air quality plan, and impacts would be less than significant.
(b) As shown above in Table 2, the proposed project area is designated as a federal and State
nonattainment area for ozone, PM10, and PMz.s. To estimate if the proposed project may
adversely affect the air quality in the region, the SCAQMD has prepared the CEQA Air Quality
Handbook to provide guidance to those who analyze the air quality impacts of proposed
projects. The SCAQMD CEQA Handbook states that any project in the SCAB with daily emissions
that exceed any of the identified significance thresholds should be considered as having an
individually and cumulatively significant air quality impact. For the purposes to this air quality
impact analysis, a regional air quality impact would be considered significant if emissions exceed
the SCAQMD significance thresholds identified in Table 4.
Table 4: Regional Thresholds of Significance
Source: SCAQMD, http: / /www.aamd.gov /ceoa /handbook /siznthres.pdf
Project - related construction air emissions may have the potential to exceed the State and
federal air quality standards in the project vicinity, even though these pollutant emissions may
not be significant enough to create a regional impact to the SCAB. In order to assess local air
quality impacts, the SCAQMD has developed Localized Significant Thresholds (LSTs) to assess the
project - related air emissions in the project vicinity. The SCAQMD has also provided Final
Localized Significant Threshold Methodology, which details the methodology to analyze local air
emission impacts. The Localized Significant Threshold Methodology found that the primary
emissions of concern are NO2, CO, PM1o, and PMZ.S.
The significance thresholds for the local emissions of NO1 and CO are determined by subtracting
the highest background concentration from the last three years of these pollutants from Table 3
above, from the most restrictive ambient air quality standards for these pollutants that are
outlined in the Localized Significant Thresholds'. Since PM10 and PMZ,S currently exceed the most
restrictive ambient air quality standards in the SCAB, their thresholds are based on SCAQMD's
Rule 403 allowable fugitive dust emissions limits; and background concentrations of PM10 and
PMZ,S are not factored into the threshold. Table 5 below shows the Localized Significant
Thresholds for NO, CO, and PM10 and PMz.s as well as the background concentrations and
resultant significance concentrations.
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Table 5: Local Thresholds of Significance
Pollutant
SCAQMD LSTs Background Levee
Significance
NO,— 1 Hour Average (State)
0.18 ppm (338 µg /m) 0.074 ppm (140 µg /m)
198 µg /m3
CO -1 Hour Average (State)
20 ppm (23,000 µg /ms) 2.9 ppm (3,335 µg /m3)
19,665 µg /m3
CO — 8 Hour Average (State /Federal)
9.0 ppm (10,000 pg /m) 2.22 ppm (2,467 µg /m3)
7,533 µg /m3
PM10 -24 Hour Averages
10.4µg/m3 -
10.4µg/m3
PM=.s -24 Hour Average 3
10.4µg /ms -
10.4µg /ms
' Obtained from Table 3 above and based on the highest measured concentrations from the last 3 years at the Santa Clarita
Station.
2 Represents the maximum offsite concentrations allowed during construction.
3 Ambient air quality threshold based on SCAQMD Rule 403.Source: SCAQMD,
http://www.aqmd.gov/cega/handbook/signthres.pdf
Construction of the proposed project would create air emissions primarily from equipment
exhaust. The air emissions from the proposed project were analyzed through use of the
CalEEMod model (Appendix A).
Current project design would include the acquisition of approximately one acre of area that
includes land that currently includes the Wachovia Bank building, parking lots, and City property
including portions of a passive park and former City Hall property. The roadway area that would
be disturbed consists of approximately 4 acres and includes portions of Newport Boulevard, 32nd
Street, Finley Avenue, and Short Street. This results in a total area of approximately 5 acres that
would be disturbed /improved through development of the proposed project. Demolition
activities would include demolition of the existing vacant Wachovia Bank building, which
consists of approximately 11,700 square feet of building space. Grading and paving activities
have been based on a worst -case analysis of all 5 acres of the project site being graded and
paved.
Construction of the proposed project is anticipated to occur over a six -month period, beginning
September 2015 and ending March 2016. The grading and paving activities would occur over
multiple phases to allow for the continued use of the roadways as much as practical during
construction; however, in order to provide a worst -case scenario, this analysis is based on all
grading and paving occurring in one phase. Furthermore, the air quality analysis provided a
worst -case scenario by utilizing 2014 construction emissions regulations in the CaIEEMod Model
prepared for the proposed project. Construction that is scheduled to begin in September 2015
may be subject to more stringent construction emissions regulations than were assumed in the
CaIEEMod Model, and therefore, may emit less harmful emissions than under a construction
scenario beginning in 2014. Table 6 shows the estimated worst -case daily emissions that would
be predicted from each phase of the project.
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Table 6: Construction- Related Regional Emissions from the Proposed Project
Activity
Pollutant Emissions in pounds/day
ROG NOT CO
Demolition
4.73 50.56
37.90
0.04
3.31
2.51
Grading
3.94 41.19
27.75
0.03
9.09
5.60
Paving
2.62 25.26
15.89
0.02
1.58
1.35
SCAQMD Regional Threshold
75.00 100.00
55.000
150.00
150.00
55.00
Exceed Threshold?
No No
No
No
No
No
Source: CalEEMod Version 2013.2.2.
As shown in Table 6, construction- related emissions would not exceed SCAQMD regional
thresholds. In addition, construction emissions would be short-term, limited only to the period
when construction activity is taking place. As such, construction- related regional emissions
would be less than significant for the proposed project.
The proposed project's construction - related air emissions from fugitive dust and onsite diesel
emissions may have the potential to exceed the State and federal air quality standards in the
project vicinity even though these pollutant emissions may not be significant enough to create a
regional impact to the SCAB. The nearest sensitive receptors to the proposed project are homes
located adjacent to the parking lot for the vacant Wachovia Banking building, which would be
redesigned as a public parking lot.
The local air quality emissions from construction were analyzed using the SCAQMD's Mass Rate
LST Look -up Tables and the methodology described in Localized Significance Threshold
Methodology, prepared by SCAQMD, revised July 2008. The Look -up Tables were developed by
the SCAQMD in order to readily determine if the daily emissions of CO, NO „, PMJo, and PM2.1
from the proposed project could result in a significant impact to the local air quality. The
emission thresholds were calculated based on the North Orange County Coastal source receptor
area, a disturbance of 5 acres, and the allowable emissions thresholds for CO, NO,,, PMio, and
PMZ.5 at 25 meters (82 feet), which is based on the LST Methodology that recommends using the
25 -meter threshold for any receptor located within 25 meters of construction activities. Table 7
shows the onsite emissions from the CaIEEMod model for the different construction phases and
the calculated emissions thresholds.
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Table 7: Construction - Related Local Emissions
Demolition
49.54
36.29
3.08
2.44
Grading
41.10
26.75
8.92
5.55
Paving
25.18
14.98
1.41
1.30
SCAQMD Threshold for 25 meters (82 feet) or less'
197.00
1,711.00
14.00
9.00
Exceed Threshold?
No
No
No
No
Notes:
' The nearest sensitive receptors are homes located adjacent to the project site. According to LST methodology any receptor
closer than 25 meters should be based on the 25 meter threshold.
Source: CaIEEMod Version 2013.2.2, SCAQMD, 2010.
The data provided in Table 7 shows that none of the criteria pollutants would exceed the
SCAQMD local emissions thresholds at the nearest sensitive receptors. Therefore, impacts
associated with construction- related local emissions would be less than significant.
(b) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not generate any additional traffic; the only
alteration to traffic patterns would occur from the minor reconfiguration of an existing alley,
which has minimal traffic volumes. Since the proposed project would not introduce any new
sources of emissions, the proposed project is not anticipated to create a net increase in
operational emissions. Accordingly, the proposed project would not violate an air quality
standard or contribute substantially to an existing or project air quality violation; and impacts
would be less than significant.
(c) Cumulative projects include local development as well as general growth within the SCAB;
however, the greatest source of emissions in the SCAB is from mobile sources. Therefore, from
an air quality standpoint, the cumulative analysis would extend beyond any local projects and,
when wind patterns are considered, would cover an even larger area. Accordingly, the
cumulative analysis for the project's air quality must be generic by nature. The project area is
out of attainment for ozone, PMlo, and PM,.5.
As discussed above in Section 5.3 -2(a), construction emissions from the proposed project would
not exceed the SCAQMD regional thresholds of significance for criteria pollutants. Operation of
the proposed project would not generate any additional traffic, would only minimally alter
traffic patterns, and is not anticipated to create a net increase in operational emissions.
Therefore, cumulative net increases of nonattainment criteria pollutants would be less than
significant.
(d) As discussed above in Section 5.3 -2(a), local concentrations of construction emissions from the
proposed project would not exceed the SCAQMD local thresholds of significance for criteria
pollutants. The proposed project consists of a roadway widening project that includes the
relocation of public parking spaces and would not generate any additional traffic; the only
alteration to traffic patterns would occur from the minor reconfiguration of an existing alley,
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which has minimal traffic volumes. The proposed project would result in improving the LOS on
Newport Boulevard between Via Lido and 32ntl Street from LOS F to LOS D and between 32nd
Street and 30`h Street from LOS D to LOS B. The improvements to LOS would reduce the amount
of engine idling in the vicinity of the project site, which would reduce local concentrations of
carbon monoxide and toxic air contaminants. Accordingly, the proposed project would not
expose sensitive receptors to substantial pollutant concentrations; and impacts would be less
than significant.
(e) Minor sources of odors associated with the proposed project would primarily be associated with
the diesel equipment and application of asphalt pavement. Exhaust odors from diesel engines,
as well as emissions, may be considered offensive to some individuals. The diesel equipment
used during demolition and construction activities would be mobile equipment that would
constantly be changing locations, which would allow for the odors to disperse rapidly and not
impact any nearby receptors. The odors emissions from the application of asphalt pavement
would cease within a few hours upon the drying and hardening of the asphalt pavement.
Furthermore, the CEQA threshold of significance is set at a "substantial number of people" and,
due to the limited number of homes immediately adjacent to the proposed improvements, it is
unlikely that substantial number of people would be within an effective range of construction
activities. Therefore, impacts associated with odor during construction would be less than
significant.
The proposed project would consist of roadway improvements, would not generate any
additional traffic, and would only minimally alter traffic patterns. Therefore, a less than
significant odor impact would occur from operation of the proposed project. Accordingly,
impacts associated with odor during operation of the proposed project would be less than
significant.
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5.4 BIOLOGICAL RESOURCES
5.4.1 Impact Analysis
(a) The proposed project site consists of a paved roadway intersection within a fully urbanized
section of the City of Newport Beach and does not possess any habitat that would support
species identified as a candidate, sensitive, or special status species. Similarly, land surrounding
the proposed project site is also fully urbanized and does not possess any habitat that would
support species identified as a candidate, sensitive, or special status species. Potential natural
habitat is limited to the aquatic environment within the Rivo Alto channel adjacent to the
western segment of 32nd Street. Construction of the proposed project would implement Best
Management Practices (BMPs) to prevent erosion from entering the waters of the Rivo Alto
channel adjacent to the proposed project that could impact aquatic species. No impacts would
occur.
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Less than
Potentially
Significant
Less Than
4'
BIOLOGICAL RESOURCES.
Significant
With
Significant
No
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
F-1
F-1
El
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
(b)
Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
❑
❑
❑
regulations or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
(c)
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
❑
❑
❑
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
(d)
Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
❑
❑
❑
wildlife corridors, or impede the use of native
wildlife nursery sites?
(e)
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
❑
❑
❑
preservation policy or ordinance?
(f)
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
❑
El
El
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
5.4.1 Impact Analysis
(a) The proposed project site consists of a paved roadway intersection within a fully urbanized
section of the City of Newport Beach and does not possess any habitat that would support
species identified as a candidate, sensitive, or special status species. Similarly, land surrounding
the proposed project site is also fully urbanized and does not possess any habitat that would
support species identified as a candidate, sensitive, or special status species. Potential natural
habitat is limited to the aquatic environment within the Rivo Alto channel adjacent to the
western segment of 32nd Street. Construction of the proposed project would implement Best
Management Practices (BMPs) to prevent erosion from entering the waters of the Rivo Alto
channel adjacent to the proposed project that could impact aquatic species. No impacts would
occur.
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(b) The proposed project site consists of a paved roadway intersection within a fully urbanized
section of the City of Newport Beach and does not possess any riparian habitat or other
sensitive natural communities. No impacts would occur.
(c) The proposed project site consists of a paved roadway intersection within a fully urbanized
section of the City of Newport Beach and does not possess any federally protected wetlands. No
impacts would occur.
(d) The proposed project site consists of a paved roadway intersection surrounded by commercial
and retail businesses within a fully urbanized section of the City of Newport Beach and does not
possess any wildlife corridors. No impacts would occur.
(e) The proposed project would not impact any mature trees or other biological resources
protected by the Newport Beach General Plan or Municipal Code. No impacts would occur.
(f) The City of Newport Beach is a signatory to the County of Orange Central & Coastal Subregion
Natural Community Conservation Plan & Habitat Conservation Plan (NCCP /HCP), which provides
guidance for the creation of a multispecies /multihabitat preserve system and implementation of
a long -term management program. The primary goal of the NCCP /HCP is to preserve coastal
sage scrub and the species that utilize that habitat. The proposed project is located within a fully
urbanized area that does not possess any sensitive habitat and does not support any vegetation
or wildlife species subject to the provisions of the NCCP /HCP. Existing vegetation on the project
site consists of introduced landscaping that does not qualify as sensitive habitat. Additionally,
the proposed project site is not located within the boundaries of any of the biological resource
preserves or environmental study areas documented in the Natural Resource Element of the
City of Newport Beach General Plan. Therefore, the proposed project would not conflict with
the NCCP /HCP or Newport Beach General Plan. No impacts would occur.
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5.5 CULTURAL RESOURCES
Chambers Group prepared a Cultural Resources Letter Report documenting potential impacts to
historical and archaeological resources, which is included as Appendix B of this IS /MND.
5.5.1 Environmental Setting;
Regulatory Framework
The Cultural Resources Letter Report was prepared consistent with the provisions of CEQA, including
CEQA Statutes (Public Resources Code [PRCj §§ 21083.2 and 21084.1), CEQA Guidelines (Title 14
California Code of Regulations [CCRj, § 15064.5), and PRC § 5024.1 (Title 14 CCR § 4850 et sec.). These
statutes and regulations, as amended, are summarized in an annually updated handbook (Association of
Environmental Professionals 2012). Properties expected to be directly or indirectly affected by a
proposed project must be evaluated for California Register of Historical Resources (CRHR) eligibility (PRC
§ 5024.1). The purpose of the CRHR is to maintain listings of the state's historical resources and to
indicate which properties are to be protected, to the extent prudent and feasible, from material
impairment and substantial adverse change.
The term historical resources includes a resource listed in, or determined to be eligible for listing in, the
CRHR; a resource included in a local register of historical resources; and any object, building, structure,
site, area, place, record, or manuscript that a lead agency determines to be historically significant (CCR §
15064.5[a]). The criteria for listing properties in the CRHR were expressly developed in accordance with
previously established criteria developed for listing in the National Register of Historic Places (NRHP).
The California Office of Historic Preservation (OHP 1995:2) regards "any physical evidence of human
activities over 45 years old" as meriting recordation and evaluation. According to PRC § 5024.1(c) (1-4),
a resource may be considered historically significant if it retains integrity and meets at least one of the
following criteria. A property may be listed in the CRHR if the resource:
• is associated with events that have made a significant contribution to the broad patterns of
California's history and cultural heritage;
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Lessthan
Potentially
Significant
Less Than
S
CULTURAL RESOURCES.
Significant
With
Significant
No
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Cause a substantial adverse change in the
significance of a historical resource as defined in
❑
❑
®
❑
§15064.5?
(b)
Cause a substantial adverse change in the
significance of an archaeological resource pursuant
❑
®
❑
❑
to §15064.5?
(c)
Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
❑
®
❑
❑
feature?
(d)
Disturb any human remains, including those
❑
®
❑
El
interred outside of formal cemeteries?
Chambers Group prepared a Cultural Resources Letter Report documenting potential impacts to
historical and archaeological resources, which is included as Appendix B of this IS /MND.
5.5.1 Environmental Setting;
Regulatory Framework
The Cultural Resources Letter Report was prepared consistent with the provisions of CEQA, including
CEQA Statutes (Public Resources Code [PRCj §§ 21083.2 and 21084.1), CEQA Guidelines (Title 14
California Code of Regulations [CCRj, § 15064.5), and PRC § 5024.1 (Title 14 CCR § 4850 et sec.). These
statutes and regulations, as amended, are summarized in an annually updated handbook (Association of
Environmental Professionals 2012). Properties expected to be directly or indirectly affected by a
proposed project must be evaluated for California Register of Historical Resources (CRHR) eligibility (PRC
§ 5024.1). The purpose of the CRHR is to maintain listings of the state's historical resources and to
indicate which properties are to be protected, to the extent prudent and feasible, from material
impairment and substantial adverse change.
The term historical resources includes a resource listed in, or determined to be eligible for listing in, the
CRHR; a resource included in a local register of historical resources; and any object, building, structure,
site, area, place, record, or manuscript that a lead agency determines to be historically significant (CCR §
15064.5[a]). The criteria for listing properties in the CRHR were expressly developed in accordance with
previously established criteria developed for listing in the National Register of Historic Places (NRHP).
The California Office of Historic Preservation (OHP 1995:2) regards "any physical evidence of human
activities over 45 years old" as meriting recordation and evaluation. According to PRC § 5024.1(c) (1-4),
a resource may be considered historically significant if it retains integrity and meets at least one of the
following criteria. A property may be listed in the CRHR if the resource:
• is associated with events that have made a significant contribution to the broad patterns of
California's history and cultural heritage;
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• is associated with the lives of persons important in our past;
embodies the distinctive characteristics of a type, period, region, or method of installation, or
represents the work of an important creative individual, or possesses high artistic values; or
• has yielded, or may be likely to yield, information important in prehistory or history.
Under CEQA, if an archeological site is not a historical resource but meets the definition of a "unique
archeological resource" as defined in PRC § 21083.2, then it should be treated in accordance with the
provisions of that section. A unique archaeological resource is defined as follows:
An archaeological artifact, object, or site about which it can be clearly demonstrated that,
without merely adding to the current body of knowledge, it has a high probability of meeting
any of the following criteria:
o Contains information needed to answer important scientific research questions and that
the public has a demonstrable interest in that information
o Has a special and particular quality, such as being the oldest of its type or the best
available example of its type
o Is directly associated with a scientifically recognized important prehistoric or historic
event or person
Resources that neither meet any of these criteria for listing in the CRHR nor qualify as a "unique
archaeological resource" under CEQA PRC § 21083.2 are viewed as not significant. Under CEQA, "A non -
unique archaeological resource need be given no further consideration, other than the simple recording
of its existence by the lead agency if it so elects" (PRC § 21083.2[h]).
Impacts that adversely alter the significance of a resource listed in or eligible for listing in the CRHR are
considered a significant effect on the environment. Impacts to historical resources from a proposed
project are thus considered significant if the project (1) physically destroys or damages all or part of a
resource; (2) changes the character of the use of the resource or physical feature within the setting of
the resource, which contributes to its significance; or (3) introduces visual, atmospheric, or audible
elements that diminish the integrity of significant features of the resource.
Field Survey
Chambers Group established the Area of Potential Effect (APE) for the project by examining the project
footprint and the potential for impacts to cultural resources, including archaeological and built
environment resources, within and adjacent to the proposed project area. Based on these criteria, the
APE encompasses the project footprint, including the extent of construction activities such as staging or
laydown areas.
In accordance with regulations put forth by the State Office of Historic Preservation, any properties
within or near the project APE were subject to an intensive field investigation. Chambers Group
conducted an intensive cultural resources survey of the APE on November 11, 2013. During the field
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survey, each of the properties within or adjacent to the project area was analyzed, photographed, and
recorded.
Records Search
In addition to the field survey, investigators executed general contextual and site - specific research for
the relevant properties and the project area. Sources used to conduct this research effort include the
City of Newport Beach Planning Department, the Newport Beach Historical Society, the Newport Beach
Public Library, and Los Angeles Public Library databases. Investigators also consulted the Caltrans
Historic Bridge Survey, California Historic Resources Inventory, and NPS Focus to determine if any
properties had been previously surveyed or evaluated.
A cultural resources records search for the project area and a 0.5 -mile search radius around the project
area was also performed at the South Central Coastal Information Center (SCCIC), at California State
University, Fullerton on October 30, 2013 (SCCIC# 13463.0150). The SCCIC search included a review of all
recorded sites and cultural resources reports on file for that specific area. The results from the
information center indicated eight previously- conducted investigations (OR643, OR644, OR666, OR1907,
OR2622, OR3709, OR4160, and OR4269) within the 0.5 -mile search radius. Of the eight previous
investigations, the SCCIC indicated that none of the studies overlapped with the project area.
The SCCIC identified two archaeological sites (30- 000059, 30- 000060) located within the 0.5 -mile search
radius. The site form for 30- 000059 describes the resource as traces of a camp site. Similarly, the site
form for 30- 000060 describes the resource as a camp site with "[c)lam, oyster, and a small univalve shell
form[ing] the bulk of the material." No archaeological sites are located within the project area.
In addition, the SCCIC search identified two aboveground historic resources (30- 177134, 30- 179867)
within the 0.5 -mile search radius. The site form for 30- 177134 describes the property as the Newport
Beach Harbor Tower, located at 3333 Pacific Coast Highway. The building was evaluated in 2011 and was
recommended for Status Code 6Y, indicating the property was determined ineligible for the National
Register of Historic Places (NRHP) by consensus through the Section 106 process, but it was not
evaluated for the California Register of Historical Resources (CRHR) or for local listing. The site form for
30- 179867 describes the property as the South Coast Shipyard, located at 2300 Newport Boulevard. The
building was evaluated in 2005 and was recommended for Status Code 3CD, indicating the property
appears eligible for the CRHR as a contributor to a CRHR- eligible historic district through a survey
evaluation. According to the SCCIC search, no aboveground historic resources were mapped within the
proposed project area.
The California Historic Resources Inventory (HRI) also lists 14 historic resources in the Historic Property
Data File (HPDF) that are located in Newport Beach. Of these resources, it appears that only one, Bridge
#55 -01, is located within the 0.5 -mile search radius. The bridge is listed in the HPDF under status code
711 as a property identified in a survey but not evaluated. None of the remaining 13 properties appear to
be located in the project area or the 0.5 -mile search radius. A list of the 14 historic resources identified
in the HPDF is provided in Table 8 below.
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Table 8: Historic Property Data File Listings
Primary Name/Property Type Address- Eligibility Status
30- 162284 1953 National Boy NA 7L -State Historical Landmark, Needs to be reevaluated
Scout Jamboree Site using current standards.
30- 158591
Bank of Balboa /Bank of
611 East
1S - Individual Property Listed in the NR by Keeper. Listed
America
Balboa Blvd.
in the California Register of Historic Resources (CRHR).
NA
NA
4302 Ford
6Y- Determined ineligible for National Register of Historic
Street
Places (NRHP) by consensus through Section 106 process -
Not evaluated for CRHR or Local Listing.
30- 162257
First Water -to -Water
Main St.
1CL- Automatically listed in the CRHR.
Flight Site
30- 158590
Balboa Inn
105 Main St.
IS - Individual Property listed in the NRHP by Keeper.
Listed in the CRHR.
NA
Balboa Island Fire
323 Marine
2CS- Individual Property determined eligible for listing in
House #4
Ave.
the CRHR by the SHRC.
30- 162261
Old Landing Site
State Route
7L -State Historical Landmark, Needs to be reevaluated
1
using current standards.
NA
Our Lady of Mount
1441 West
6Y- Determined ineligible for NRHP by consensus through
Carmel Church
Balboa Blvd.
Section 106 process - Not evaluated for CRHR or Local
Listing.
NA
Wild Goose Historic
2431 West
1S- Individual Property listed in the NRHP by Keeper.
Vessel
Coast Dr.
Listed in the CRHR.
30- 162258
McFadden Wharf
West Ocean
iCL - Automatically listed in the CRHR.
Front
30- 158585
Lovell Beach House
1242 West
IS- Individual Property listed in the NRHP by Keeper.
Ocean Front
Listed in the CRHR.
30- 158589
B.K. Stone Building,
2100 West
SS2- Individual Property that is eligible for Local Listing or
McFadden Building
Ocean Front
designation.
30- 158587
Bridge #55 -21
State Route
7R- Individual Property that is eligible for Local Listing or
1
designation.
30- 158586
Bridge #55 -01
State Route
7R - Individual Property that is eligible for Local Listing or
1
designation.
According to the California Points of Historical Interest (CPHI), the CRHR, the NRHP and other records
available for this proposed project, no eligible or listed historical resources appear to be located within
or immediately adjacent to the project area.
5.5.2 Impact Analysis
(a) Review of site survey data and background research determined that the properties located
within the proposed project area do not appear to meet the criteria of eligibility for inclusion in
the CRHR or to be considered historical resources for purposes of CEQA. Initial research has
yielded no information indicating an association with significant historic events or people
instrumental to the development of Balboa Peninsula, the City of Newport Beach, Orange
County, or the State of California (Criteria 1 and 2). While Newport Boulevard currently extends
in a manner roughly similar to the historic Pacific Electric Railroad alignment, all track features
have been removed, and the surrounding area has undergone extensive nonhistoric- period
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
development that has significantly undermined any potential historic integrity of the project
area.
The proposed project site does not significantly embody the distinctive characteristics of a style,
type, or period or represent the work of a master (Criterion 3). Instead, the present streetscape
appears to have numerous and significant alterations, including nonhistoric - period changes to
its form and massing as well as the addition of modern streetlights and adjacent commercial
construction. Additionally, the proposed project site lacks the character- defining features, such
as large signage or the generous use of concrete masonry exteriors and glass - enclosed
showrooms to be considered a distinctive example of a historic automotive corridor or route.
The proposed project would require a full property acquisition of the vacant Wachovia Bank
building located at 3201 Newport Boulevard and the adjacent property currently configured as a
parking lot. The vacant Wachovia Bank building would be demolished, and both properties
would be converted to a public parking lot. The vacant Wachovia Bank building was constructed
in 1974 and does not appear to be eligible for listing to the CRHR.
The proposed project site has neither yielded, nor appears likely to yield, information important
in prehistory or history (Criterion 4). Finally, the project area does not appear to contribute to
the significance of a larger historic district. While portions of the project area were once part of
the land used for the Pacific Electric Railway, the alignment was converted into a roadway in the
mid - twentieth century and has since been modified through the introduction of nonhistoric-
period elements, including commercial construction and streetscape improvements. As a result
of these significant alterations and loss of integrity, the project area does not appear to meet
the criteria of eligibility for inclusion in the CRHR as an individual property or as a contributor to
a potentially eligible historic district. Accordingly, the project is not expected to directly or
indirectly affect any CRHR- eligible properties or historical resources for purposes of CEQA, and
impacts would be less than significant.
(b) The SCCIC identified two archaeological sites (30- 000059, 30- 000060) within 0.5 -mile of the
proposed project; however, these archaeological resources are outside the APE and would not
be impacted by project construction. Additionally, the field survey conducted for the proposed
project site did not identify any archaeological resources. Pursuant to the revised implementing
regulations of the National Historic Preservation Act (NHPA) found at 36 CFR 800.4(a) (4),
Chambers Group contacted the California Native American Heritage Commission (NAHC) on
November 20, 2013, to request a review of their Sacred Lands Files. The NAHC responded on
November 21, 2013, stating that the Sacred Lands File search failed to identify Native American
cultural resources at the specified site.
As an additional measure in the tribal consultation process, the NAHC provided a list of tribal
governments and individuals to determine if any cultural places might be impacted by the
proposed action. Chambers Group sent an informational letter to the groups and /or individuals
identified by the NAHC and received two responses from the informational letter recipients,
both of which are presented in Exhibit 3 of Appendix B of this IS /MND. Chambers Group
received an email from the Tongva Ancestral Territorial Tribal Nation, expressing concern over
the presence of archaeological and cultural resources on the project site. However, the email
did not specify the locations of any known archaeological or cultural resources, nor did the email
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
identify any specific measures to address potential impacts to archaeological and cultural
resources.
Chambers Group also received a letter from the United Coalition to Protect Panhe, stating that
undisturbed areas of the project area were considered culturally sensitive. However, the letter
did not identify any known archaeological or cultural resources within the APE. The letter
requested that a literature review, SCCIC record search, and an archaeological survey be
conducted. As described above, Chambers Group completed the requested cultural resources
investigations and did not identify any significant cultural resources that would be impacted by
the proposed project.
Although no archaeological resources were identified within the project APE, construction of the
proposed project would have the potential to unearth unknown archaeological resources, which
may result in a significant impact. Implementation of CUL -1 would reduce impacts to
archaeological resources to a level less than significant. Implementation of CUL -1 would also
address the concerns expressed by tribal representatives regarding unknown archaeological
resources.
CUL -1: In the event that a cultural or paleontological resource is exposed during ground -
disturbing activities, construction activities (e.g., grading, grubbing, or vegetation
clearing) should be halted immediately near the discovery. A cultural resource specialist
and /or paleontological resource specialist who meet the Secretary of the Interior's
Professional Qualifications Standards (United States National Park Service 1983) should
then be retained to evaluate the find's significance under CEQA. If the discovery proves
to be significant, additional work, such as data recovery excavation, may be warranted
and should be discussed in consultation with the lead agency.
(c) Construction of the proposed project would have the potential to unearth unknown
paleontological resources, which may result in a significant impact. Implementation of CUL -1
would reduce impacts to paleontological resources to a level less than significant.
(d) Construction of the proposed project would have the potential to unearth human remains,
which may result in a significant impact. Implementation of CUL -2 would reduce impacts to
archaeological resources to a level less than significant.
CUL -2: The discovery of human remains is always a possibility during ground disturbances;
State of California Health and Safety Code Section 7050.5 addresses these findings. This
code section states that no further disturbance shall occur until the Orange County
Coroner has made a determination of origin and disposition pursuant to PRC Section
5097.98. The Coroner must be notified of the find immediately. If the human remains
are determined to be prehistoric, the Coroner will notify the NAHC, which will
determine and notify a Most Likely Descendant (MLD). The MLD shall complete the
inspection of the site within 48 hours of notification and may recommend scientific
removal and nondestructive analysis of human remains and items associated with
Native American burials.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
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5.6 GEOLOGY AND SOILS
5.6.1 Impact Analysis
(a)
(i) through (iii) Because southern California is a seismically active region, it is highly likely
that regional earthquakes would occur in the vicinity of the proposed project site. The
southern segment of the proposed project is identified as being located on the
Newport- Inglewood Fault Zone in the Safety Element of the Newport Beach General
Plan. Therefore, the proposed project site has the potential to be exposed to rupture of
a known earthquake fault and strong ground shaking during a seismic event associated
with the Newport- Inglewood Fault Zone or other faults in southern California. The
proposed project site is also identified as being susceptible to liquefaction in the Safety
Element of the Newport Beach General Plan.
The proposed project is limited, however, to roadway and intersection improvements,
and construction of a public parking lot. The proposed project would not construct new
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Lessthan
GEOLOGY AND SOILS.
Potentially
Significant
Less Than
No
6
Would the project:
Significant
With
Significant
Impact
Impact
Mitigation
Impact
Incorporated
(a)
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist - Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
❑
❑
®
❑
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
❑
❑
®
❑
iii) Seismic - related ground failure, including
❑
❑
®
El
liquefaction?
iv) Landslides?
❑
❑
❑
(b)
Result in substantial soil erosion or the loss of
❑
❑
®
El
topsoil?
(c)
Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or offsite
❑
®
❑
❑
landslide, lateral spreading, subsidence, liquefaction
or collapse?
(d)
Be located on expansive soil, as defined in Table 18-
1-8 of the Uniform Building Code (1994), creating
❑
®
❑
❑
substantial risks to life or property?
(e)
ave soils incapable of adequately supporting the use
f septic tanks or alternative waste water disposal
❑
❑
El
ystems where sewers are not available for the
isposal of wastewater?
5.6.1 Impact Analysis
(a)
(i) through (iii) Because southern California is a seismically active region, it is highly likely
that regional earthquakes would occur in the vicinity of the proposed project site. The
southern segment of the proposed project is identified as being located on the
Newport- Inglewood Fault Zone in the Safety Element of the Newport Beach General
Plan. Therefore, the proposed project site has the potential to be exposed to rupture of
a known earthquake fault and strong ground shaking during a seismic event associated
with the Newport- Inglewood Fault Zone or other faults in southern California. The
proposed project site is also identified as being susceptible to liquefaction in the Safety
Element of the Newport Beach General Plan.
The proposed project is limited, however, to roadway and intersection improvements,
and construction of a public parking lot. The proposed project would not construct new
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
structures that could expose people to danger associated with seismic ground shaking
or liquefaction during a seismic event. Therefore, impacts would remain unchanged
from the existing condition.
iv) Topography of the proposed project site is relatively flat, with ground surface elevations
ranging from approximately 4 to 8 feet above mean sea level, and does not have the
potential for landslides. No impact would occur.
(b) The proposed project is located within a fully urbanized area that does not possess any exposed
soil. Construction of the proposed project would incorporate best management practices
(BMPs) to prevent erosion during excavation activities. Therefore, implementation of the
proposed project would not result in substantial soil erosion or the loss of topsoil, and impacts
would be less than significant.
(c) Topography of the proposed project site is relatively flat, with ground surface elevations ranging
from approximately 4 to 8 feet above mean sea level, and does not have the potential for
landslides. Ninyo & Moore prepared a geotechnical investigation which determined that the
proposed project site is underlain by fill and alluvium generally consisting of very loose to
medium dense, silty sand with minor amounts of clayey sand and sandy to clayey silt (Appendix
Q. Granular soils at the project site were found to be generally suitable for use as structural
backfill, provided deleterious materials were removed. Groundwater was encountered at depths
ranging from approximately 3 to 5 feet below the existing ground surface during the
geotechnical investigation, and it should be anticipated that groundwater would be
encountered at depths of approximately 3 feet or less. Soils beneath groundwater levels would
be wet and could potentially be unstable. Additionally, the proposed project site is identified as
being susceptible to liquefaction in the Safety Element of the Newport Beach General Plan.
Consequently, the proposed project would be constructed on soils that may be unstable,
resulting in the potential for lateral spreading, subsidence, liquefaction, or collapse. The
proposed project is limited, however, to roadway and intersection improvements, and
construction of a public parking lot. The proposed project would not introduce new structures
that could be susceptible to lateral spreading, subsidence, liquefaction, or collapse. Potential
impacts would be based on whether soils beneath the improved roadway could be stabilized
during construction to provide a stable foundation. Providing a stable roadway foundation
would ensure that the potential for lateral spreading, subsidence, liquefaction, or collapse
during seismic events did not increase over the potential in the existing condition.
Implementation of mitigation measures GEO -1 through GEO -4 would reduce impacts to a level
less than significant.
GEO -1: Project construction should incorporate the recommendations presented in the
geotechnical investigation prepared by Ninyo & Moore forthe proposed project.
GEC -2: Soil excavated from below groundwater levels would be wet and would require drying in
order to be suitable for compaction. Similarly, trench excavations that extend below
groundwater would require dewatering in order to construct the proposed
improvements under a dry condition. Dewatering may include pumping groundwater
from well points within or outside the shored excavation. Dewatering should be limited
to no more than approximately 2 feet below the bottom of excavations. It is
recommended that the dewatering system design should be performed by a specialty
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
dewatering contractor. Disposal of groundwater should be performed in accordance
with guidelines of the Regional Water Quality Control Board. Wet soils should be
processed to near - optimum moisture content prior to their placement as trench backfill.
Fill material imported to the site (if any) should be granular, nonexpansive soil and free
of trash, debris, roots, vegetation, or other deleterious materials. " Nonexpansive" soils
can be defined as having a "very low" expansion potential in accordance with the
California Building Code (CBC) (an expansion index ranging from 0 to 20). Fill should
generally be free of rocks or hard lumps of material in excess of 4 inches in diameter.
Rocks or hard lumps larger than approximately 4 inches in diameter should be broken
into smaller pieces or should be removed from the site. Materials for use as imported
structural fill should be evaluated by a qualified and experienced engineer prior to
importing.
GEC -3: Trenches or other excavations that extend below groundwater and /or deeper than
approximately 4 feet should be shored. Shoring systems should be installed prior to
excavating below groundwater to avoid caving and undermining of adjacent
improvements. The contractor should retain a qualified and experienced engineer to
design the shoring system consistent with the parameters presented in the geotechnical
investigation prepared by Ninyo & Moore.
GEO -4: A qualified and experienced engineer should observe and test fill placement and
compaction. The frequency of testing and the time of observation will vary depending
on the contractor's method of operation and quality of work, as well as the
requirements of the governing agency.
(d) As described in section 5.6.1(c) above, it should be anticipated that groundwater would be
encountered at depths of approximately 3 feet or less. Soils beneath groundwater levels would
be wet and have the potential for expansion; however, implementation of mitigation measures
GEO -1 through GEC -4 would reduce impacts to a level less than significant.
(e) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new structures that would
require septic tanks or alternative waste water disposal systems. No impacts would occur.
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5.7 GREENHOUSE GAS EMISSIONS
The impact evaluation presented in Section 5.7 is based on the Greenhouse Gas (GHG) impact analysis
prepared by Vista Environmental utilizing the CalEEMod model. Output files for the CalEEMod Model
prepared for the proposed project are included as Appendix D of this IS /MND.
5.7.1 Impact Analysis
(a) A large amount of legislative and regulatory activities directly and indirectly affect climate
change and GHGs in California. The primary climate change legislation in California is AB 32, the
California Global Warming Solutions Act of 2006. AB 32 focuses on reducing GHG emissions in
California and requires that GHGs emitted in California be reduced to 1990 levels by the year
2020.
The California Air Resources Board (CARB) is the State agency charged with monitoring and
regulating sources of emissions of GHGs in California that contribute to global warming in order
to reduce emissions of GHGs. The CARB Governing Board approved the 1990 GHG emissions
level of 427 million metric tons of CO2 equivalent (MMTCOze) on December 6, 2007. Therefore,
in 2020, annual emissions in California are required to be at or below 427 MMTCOze. The CARB
Board approved the Climate Change Scoping Plan (Scoping Plan) in December 2008. The Scoping
Plan defines a range of programs and activities that will be implemented primarily by State
agencies but also include actions by local government agencies. Primary strategies addressed in
the Scoping Plan include new industrial and emission control technologies; alternative energy
generation technologies; advanced energy conservation in lighting, heating, cooling, and
ventilation; reduced - carbon fuels; hybrid and electric vehicles; and other methods of improving
vehicle mileage. Local government will have a part in implementing some of these strategies.
The Scoping Plan also calls for reductions in vehicle- associated GHG emissions through smart
growth that will result in reductions in vehicle miles traveled (CARB 2008).
The CalEEMod model used to calculate the criteria pollutant emissions presented in Section 5.3
Air Quality was also utilized to calculate the GHG emissions associated with construction of the
proposed project (Appendix D). The CalEEMod model calculated that construction activities
would generate 154.14 metric tons of COz equivalent (MTCO2e). The proposed project consists
of a roadway widening project that includes the relocation of public parking spaces and would
not generate any additional traffic; the only alteration to traffic patterns would occur from the
minor reconfiguration of an existing alley, which has minimal traffic volumes. The proposed
project would result in improving the LOS on Newport Boulevard between Via Lido and 32nd
Street from LOS F to LOS D and between 32 n Street and 30" Street from LOS D to LOS B. The
Chambers Group, Inc. 40
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Less than
GREENHOUSE GAS EMISSIONS.
Potentially
Significant
Less Than
No
7.
Would the project:
Significant
With
Significant
Impact
Impact
Mitigation
Impact
Incorporated
(a)
Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
❑
❑
®
❑
the environment?
(b)
Conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing the
❑
❑
®
❑
emissions of greenhouse gases?
The impact evaluation presented in Section 5.7 is based on the Greenhouse Gas (GHG) impact analysis
prepared by Vista Environmental utilizing the CalEEMod model. Output files for the CalEEMod Model
prepared for the proposed project are included as Appendix D of this IS /MND.
5.7.1 Impact Analysis
(a) A large amount of legislative and regulatory activities directly and indirectly affect climate
change and GHGs in California. The primary climate change legislation in California is AB 32, the
California Global Warming Solutions Act of 2006. AB 32 focuses on reducing GHG emissions in
California and requires that GHGs emitted in California be reduced to 1990 levels by the year
2020.
The California Air Resources Board (CARB) is the State agency charged with monitoring and
regulating sources of emissions of GHGs in California that contribute to global warming in order
to reduce emissions of GHGs. The CARB Governing Board approved the 1990 GHG emissions
level of 427 million metric tons of CO2 equivalent (MMTCOze) on December 6, 2007. Therefore,
in 2020, annual emissions in California are required to be at or below 427 MMTCOze. The CARB
Board approved the Climate Change Scoping Plan (Scoping Plan) in December 2008. The Scoping
Plan defines a range of programs and activities that will be implemented primarily by State
agencies but also include actions by local government agencies. Primary strategies addressed in
the Scoping Plan include new industrial and emission control technologies; alternative energy
generation technologies; advanced energy conservation in lighting, heating, cooling, and
ventilation; reduced - carbon fuels; hybrid and electric vehicles; and other methods of improving
vehicle mileage. Local government will have a part in implementing some of these strategies.
The Scoping Plan also calls for reductions in vehicle- associated GHG emissions through smart
growth that will result in reductions in vehicle miles traveled (CARB 2008).
The CalEEMod model used to calculate the criteria pollutant emissions presented in Section 5.3
Air Quality was also utilized to calculate the GHG emissions associated with construction of the
proposed project (Appendix D). The CalEEMod model calculated that construction activities
would generate 154.14 metric tons of COz equivalent (MTCO2e). The proposed project consists
of a roadway widening project that includes the relocation of public parking spaces and would
not generate any additional traffic; the only alteration to traffic patterns would occur from the
minor reconfiguration of an existing alley, which has minimal traffic volumes. The proposed
project would result in improving the LOS on Newport Boulevard between Via Lido and 32nd
Street from LOS F to LOS D and between 32 n Street and 30" Street from LOS D to LOS B. The
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
improvements to LOS would reduce the amount of engine idling on Newport Boulevard and
reduce vehicle trip travel times, which would result in a net reduction in GHG emissions from
operation of the proposed project. Even though the City of Newport Beach does not have an
established threshold for GHGs, this analysis proposes to use the "Tier 3" quantitative threshold
for residential and commercial projects as recommended by the SCAQMD (SCAQMD 2010). The
SCAQMD proposes that if a project generates GHG emissions below 3,000 MTCOZe, it could be
concluded that the project's GHG contribution is not "cumulatively considerable" and is
therefore less than significant under CEQA. Therefore, the proposed project's GHG contribution
is not "cumulatively considerable" and impacts would be less than significant.
(b) Neither the City of Newport Beach nor SCAQMD have any specific plans, policies, or regulations
adopted for reducing the emissions of GHGs. Construction emissions would be short-term and
within the SCAQMD's draft thresholds, and operation of the proposed project would not create
an increase in GHG emissions. Therefore, the proposed project would not conflict with any
applicable plan, policy, or regulation adopted for reducing the emissions of GHGs; and impacts
would be less than significant.
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5.8 HAZARDS AND HAZARDOUS MATERIALS
5.8.1 Impact Analysis
(a) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not introduce new land uses that would
require the routine transport, use, or disposal of hazardous materials. Construction of the
proposed project would be short-term and would involve the limited transport, use, disposal,
and storage of hazardous materials. Some examples of the hazardous materials that may be
handled include fuels, lubricating fluids, and solvents. These types of materials, however, are
not acutely hazardous. Adherence to regulations set forth by county, State, and federal agencies
regarding storage, handling, and disposal of these materials would reduce the potential for
hazardous materials impacts during construction to a level less than significant.
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Lessthan
HAZARDS AND HAZARDOUS MATERIALS.
Potentially
Significant
Less Than
No
g'
Significant
With
Significant
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Create a significant hazard to the public or the
environment through the routine transport, use, or
❑
❑
®
❑
disposal of hazardous materials?
(b)
Create a significant hazard to the public or the
environment through reasonable foreseeable upset
❑
❑
®
❑
and accident conditions involving the release of
hazardous materials into the environment?
(c)
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
1-1
El
E]
within one - quarter mile of an existing or proposed
school?
(d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
❑
®
❑
❑
would it create a significant hazard to the public or
the environment?
(e)
For a project located within an airport land use plan
or, where such a plan had not been adopted, within
2 miles of a public airport or public use airport,
❑
❑
❑
would the project result in a safety hazard for
people residing orworking in the project area?
(f)
For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for
❑
❑
❑
people residing or working in the project area?
(g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
❑
❑
®
❑
emergency evacuation plan?
(h)
Expose people or structures to a significant risk of
loss, injury, or death involving wildland fires,
including where wildlands are adjacent to urbanized
❑
❑
❑
areas or where residences are intermixed with
wildlands?
5.8.1 Impact Analysis
(a) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not introduce new land uses that would
require the routine transport, use, or disposal of hazardous materials. Construction of the
proposed project would be short-term and would involve the limited transport, use, disposal,
and storage of hazardous materials. Some examples of the hazardous materials that may be
handled include fuels, lubricating fluids, and solvents. These types of materials, however, are
not acutely hazardous. Adherence to regulations set forth by county, State, and federal agencies
regarding storage, handling, and disposal of these materials would reduce the potential for
hazardous materials impacts during construction to a level less than significant.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
(b) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not introduce new structures that could create
an accident condition involving the release of hazardous materials into the environment. The
existing roadway configuration within the proposed project site does not possess any identified
safety deficiencies. The proposed project would widen the existing Newport Boulevard roadway
and would not introduce any new curves that could create an accident condition. Furthermore,
the proposed project has been designed consistent with existing safety standards and would not
create unsafe conditions that could increase the risk of an accident. Therefore, the proposed
project would not create accident conditions that could result in the release of hazardous
materials. Adherence to regulations set forth by county, State, and federal agencies regarding
storage, handling, and disposal of hazardous materials would reduce the potential for impacts
associated with accident conditions during construction to a level less than significant.
(c) The proposed project site is not located within one - quarter mile of an existing or proposed
school. Ensign Middle School is located approximately 0.80 mile northeast of the proposed
project site, while Newport Elementary School is located approximately 0.85 mile southeast of
the proposed project site. No impact would occur.
(d) Ninyo & Moore prepared an Initial Site Assessment (ISA) to identify recognized environmental
conditions (RECs), which are defined by ASTM as "the presence or likely presence of any
hazardous substances or petroleum products on a property under conditions that indicate an
existing release, a past release, or a material threat of a release of any hazardous substances or
petroleum products into structures on the property or into the ground, ground water, or surface
water of the property" (Appendix E). The ISA identified the following RECs within the project site
and surrounding area:
• Newport Boulevard: The segment of Newport Boulevard within the proposed project site
has been a paved roadway since at least 1929 to the present. The road was identified as
Central Avenue from at least 1929 until 1945. From 1945 to the present the roadway was
identified as Newport Boulevard. The long -term use of the site as a roadway prior to the ban
on leaded gasoline in 1992 represents a REC based on the potential presence of aerially
deposited lead (ADL). In addition, lead is suspected to be present in the street paint striping.
3201 Newport Boulevard (Vacant Wachovia Bank Building): The property located at 3201
Newport Boulevard was occupied by a Southern Pacific Railroad ROW from at least 1929 to
1945. From approximately 1945 to at least 1966 this portion of the site was occupied by a
gasoline station. From approximately 1966 to at least 2008 this portion of the site was
occupied by a commercial building used as offices, a video rental store, and most recently,
as a bank. At the time of the site reconnaissance, the site building was unoccupied. The
presence of the Southern Pacific Railroad adjacent to the west of the site and crossing the
3201 Newport Boulevard portion of the site represents a REC based on the common
applications of pesticides, petroleum hydrocarbons, and metals in railroad ROWs. The
presence of a gasoline service station from approximately 1945 to at least 1966 also
represents a REC. Additionally, this building is suspected to contain asbestos - containing
materials (ACMs), lead -based paint (LBP), and universal waste based on the age of
construction.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
3305 Newport Boulevard: The property located at 3305 Newport Boulevard was occupied
by a Southern Pacific railroad ROW from at least 1929 to 1945. From approximately 1945 to
the present, this property was occupied by commercial businesses including hair dressers
and restaurants. During the period from at least 1993 to 2002, Suite M of this property was
occupied by a dry cleaner. The presence of the Southern Pacific Railroad ROW and the dry
cleaner represent RECs.
2920 Newport Boulevard: The property located at 2920 Newport Boulevard was occupied
by a gasoline station, which represents a REC.
3020 Newport Boulevard: The property located at 3020 Newport Boulevard was occupied
by a gasoline station, which represents a REC.
3201 Newport Boulevard: The property located at 3201 Newport Boulevard was occupied
by a gasoline station, which represents a REC.
3010 Newport Boulevard: The property located at 3010 Newport Boulevard was occupied
by a printing business, which represents a REC.
• 3011 Newport Boulevard: The property located at 3011 Newport Boulevard was occupied
by an auto repair shop, which represents a REC.
3001 Newport Boulevard: The upgradient former UNOCAL #5301 facility located at 3001
Newport Boulevard was listed on the Leaking Underground Storage Tank (LUST) database.
Multiple monitoring wells were observed on the facility, and one monitoring well was
located in Newport Boulevard on the site. The facility is associated with a LUST case with the
status "Open — Eligible for Closure" as of 2013. The most recent maximum reported
concentrations of total petroleum hydrocarbons as gasoline (TPHg) (3,700 micrograms per
liter [mg/I)) and benzene (780 mg /1) exceed the cleanup goals for the site and pose a
potential vapor encroachment condition (VEC). Based on the reported concentrations of
TPHg and benzene in groundwater, the shallow depth to groundwater in the vicinity, and
the location of the facility adjacent to the west and upgradient of the site, this facility
represents a REC.
Each of the RECs described above may contain hazardous materials that could be exposed
during project construction, potentially resulting in a significant impact. Implementation of
mitigation measures HAZ -1 through HAZ -3 would reduce these impacts to a level less than
significant.
HAZ -1: Perform a subsurface investigation and human health risk assessment at the site to
determine if hazardous materials are present due to past land uses. The subsurface
investigation and human health risk assessment shall be performed by a hazardous
materials specialist prior to construction. If the subsurface investigation identifies
hazardous materials that pose a significant risk to the environment or human health, the
project site would need to be remediated consistent with appropriate regulatory
standards.
HAZ -2: Conduct ADL and traffic paint stripe surveys for the site.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
HAZ -3: Survey for ACMs, LBP, and universal waste should be conducted for the building at 3201
Newport Boulevard, prior to demolition.
(e) The proposed project is not located within an airport land use plan or within 2 miles of a public
airport or public use airport. Furthermore, the proposed project is limited to roadway and
intersection improvements, and construction of a public parking lot. The proposed project
would not construct new structures that could that could disrupt air traffic patterns or place
people at risk in the event of an aircraft mishap. Therefore, implementation of the proposed
project would not result in a safety hazard for people residing or working in the proposed
project area. No impact would occur.
(f) No private airstrips are located within the City of Newport Beach. No impact would occur.
(g) Newport Boulevard is identified as a tsunami evacuation route in the City of Newport Beach
Emergency Management Plan (City of Newport Beach 2004). Project construction would require
temporary lane closures on both Newport Boulevard and 32nd Street; however, a traffic control
plan would be implemented during construction to minimize disruptions due to lane closures
and maintain access for emergency response and evacuation. Once constructed, the increased
vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially
improve emergency response and evacuation. Therefore, impacts would be less than significant.
(h) The proposed project site is located within a fully urbanized section of the City of Newport
Beach near Newport Bay and the Pacific Ocean and is not located near any wildlands. The
proposed project site is identified as having a fire susceptibility of "Low /None" in the Safety
Element of the Newport Beach General Plan. Furthermore, the proposed project is limited to
roadway and intersection improvements, and construction of a public parking lot. The proposed
project would not construct new structures that could expose people to a significant risk of loss,
injury, or death involving wildland fires. No impact would occur.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
5.9 HYDROLOGY AND WATER QUALITY
5.9.1 Impact Analysis
(a) Implementation of BMPs during project construction would limit erosion and siltation to the
maximum extent practicable. Furthermore, the Water Quality Management Plan (WQMP)
prepared for the proposed project identified operational BMPs that would prevent impacts to
water quality in the post - project condition. These operational BMPs include, but are not limited
to, common area litter control, common area catch basin inspection, street sweeping, storm
drainage system stenciling and signage, and use of efficient irrigation system and landscape
design. Additional operational BMPs are documented in the WQMP included as Appendix F of
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Lessthan
HYDROLOGY AND WATER QUALITY.
Potentially
Significant
Less Than
No
9'
Significant
With
Significant
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Violate any water quality standards or waste
❑
❑
®
❑
discharge requirements?
(b)
Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that a net deficit would occur in aquifer
volume or a lowering of the local groundwater table
❑
❑
❑
level (e.g., the production rate of pre- existing
nearby wells would drop to a level which would not
support existing land uses or planned uses for which
permits have been granted)?
(c)
Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
❑
❑
®
❑
river, in a manner which would result in a
substantial erosion or siltation on- or off -site.
(d)
Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream or river, or substantially
El
E]
E]
IR
increase the rate or amount of surface runoff in a
manner which would result in flooding on- or
offsite?
(e)
Create or contribute runoff water which would
exceed the capacity of existing or planned
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❑
❑
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
(f)
Otherwise substantially degrade water quality?
❑
❑
®
❑
(g)
Place housing within a 100 -year flood hazard area
as mapped on a federal Flood Hazard Boundary or
El
1:1
El
CK
Flood Insurance Rate Map or other flood hazard
delineation map?
(h)
Place within a 100 -year flood hazard area structures
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❑
❑
which would impede or redirect flood flows?
(i)
Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
❑
❑
❑
flooding as a result of the failure of a levee or d am?
(j)
Inundation by seiche, tsunami, or mudflow?
❑
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®
❑
5.9.1 Impact Analysis
(a) Implementation of BMPs during project construction would limit erosion and siltation to the
maximum extent practicable. Furthermore, the Water Quality Management Plan (WQMP)
prepared for the proposed project identified operational BMPs that would prevent impacts to
water quality in the post - project condition. These operational BMPs include, but are not limited
to, common area litter control, common area catch basin inspection, street sweeping, storm
drainage system stenciling and signage, and use of efficient irrigation system and landscape
design. Additional operational BMPs are documented in the WQMP included as Appendix F of
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
the IS /MND. Implementation of construction and operational BMPs would prevent impacts to
water quality standards and waste discharge requirements, and impacts would be less than
significant.
(b) Current project design would reduce the amount of impervious surfaces within the proposed
project site from 4.03 acres to 3.81 acres. This reduction of impervious surfaces would increase
the amount of stormwater percolating into the ground and improve groundwater recharge.
Furthermore, the proposed project is limited to roadway and intersection improvements, and
construction of a public parking lot. The proposed project would not construct any new
structures that would use groundwater supplies. No impact would occur.
(c) The proposed project site is not located within, or near, the course of a stream or river. The
Hydrology Report prepared for the proposed project determined that runoff generated by
surrounding development mostly sheet flows onto the street, where it is conveyed by the street
gutters into the existing storm drain system (Appendix G). Some runoff from the surrounding
residential areas and commercial lots is conveyed by v- gutters located in the surrounding alleys
and is collected by the existing catch basins. The existing drainage pattern within the project site
is divided into two subareas. The southerly portion of the proposed project site generally flows
southeasterly towards Newport Boulevard and enters existing catch basins located in Newport
Boulevard. The existing storm drain located in 30`" Street conveys the flow easterly in an existing
36 -inch Reinforced Concrete Pipe (RCP) and ultimately discharges into Lower Newport Bay. The
runoff generated from the northerly portion of the proposed project site flows onto Newport
Boulevard and enters existing catch basins. The flow is conveyed by an existing 36 -inch storm
drain system located at the intersection with 32nd Street and is discharged into the boat channel
that is a part of the Lower Newport Bay.
Implementation of the proposed project would not alter the general flow pattern and major
drainage boundary of the proposed project site. The existing catch basins will be relocated to
align with the new proposed curb and gutters to convey runoff to the existing storm drain
system in the post - project condition. Furthermore, implementation of BMPs during project
construction would limit erosion and siltation to the maximum extent practicable. Therefore,
the proposed project would not substantially alter the existing drainage pattern of the proposed
project site and would not result in substantial erosion or siltation on- or offsite, and impacts
would be less than significant.
(d) As described in Section 5.9.1(c) above, the proposed project would not substantially alter the
existing drainage pattern of the proposed project site. As described in Section 5.9.1(b) above,
the proposed project would reduce the amount of impervious surfaces within the proposed
project site and reduce the amount of stormwater sheet flow traveling to stormwater catch
basins. Therefore, the proposed project would not substantially alter the existing drainage
pattern of the site or area or substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on- or offsite. No impacts would occur.
(e) As described in Section 5.9.1(b) above, the proposed project would reduce the amount of
impervious surfaces within the proposed project site and reduce the amount of stormwater
sheet flow traveling to stormwater catch basins. Additionally, the proposed project is limited to
roadway and intersection improvements, and construction of a public parking lot. The proposed
project would not construct any new structures that could generate runoff. Therefore, the
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
proposed project would not create or contribute runoff water which would exceed the capacity
of existing or planned stormwater drainage systems or provide substantial additional sources of
polluted runoff. No impact would occur.
(f) As described in Section 5.9.1(a) above, implementation of construction and operational BMPs
would prevent impacts to water quality, and impacts would be less than significant.
(g) The proposed project would not construct any new housing. No impacts would occur.
(h) The proposed project would not construct any new structures that could impede or redirect
flood flows. No impacts would occur.
(i) The proposed project is not located within a dam or levee inundation area. No impacts would
occur.
(j) Topography of the proposed project site is relatively flat, with ground surface elevations ranging
from approximately 4 to 8 feet above mean sea level, and does not have the potential to be
subject to muciflow from landslides. The proposed project site is located within the 100 -year
flood zone and could be subject to a tsunami. Additionally, the proposed project could be
subject to a seismically induced seiche due to its location near the West Lido Channel. The
proposed project, however, would not introduce new structures that could expose people to a
tsunami or seiche. Therefore, impacts would remain unchanged from the existing condition.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
5.10 LAND USE AND PLANNING
5.10.1 Impact Analysis
(a) The proposed project is limited to roadway and intersection improvements and construction of
a public parking lot. Implementation of the proposed project would not permanently sever an
existing road or construct any new structures that could divide an established community. The
proposed project would improve connectivity within Newport Beach by introducing 6- foot -wide
bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido that would
provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard. Project
construction would require temporary lane closures on both Newport Boulevard and 32nd
Street; however, a traffic control plan would be implemented during construction to minimize
disruptions due to lane closures. Once constructed, the increased vehicular capacity and
reduced traffic congestion on Newport Boulevard could potentially improve access and
connectivity to the proposed project site and surrounding land uses.
Implementation of the proposed project would eliminate 27 existing curbside public parking
spaces on Newport Boulevard due to the roadway widening and introduction of bike lanes.
However, the proposed project would construct a new public parking lot with a minimum of 27
parking spaces at the northwest corner of the Newport Boulevard and 32nd Street intersection
to replace curbside public parking spaces eliminated on Newport Boulevard. Current project
design of the new public parking lot would require full property acquisitions of the vacant
Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd
Street intersection and the adjacent property currently configured as a parking lot. Acquisition
and conversion of these two parcels to a public parking lot would not significantly impact
existing land uses since the Wachovia Bank building is currently unoccupied and for sale.
Furthermore, conversion of these properties would not significantly alter the existing land use
pattern due to the large number of commercial properties surrounding the proposed project
site. Current project design would also require a partial ROW acquisition of the commercial
property north of the vacant Wachovia Bank building. However, this partial ROW acquisition
would not impact the existing structure or any parking spaces currently located on the property.
Current project design would require dedication of 0.25 acre of land from the former City Hall
parcel located at the northeast corner of the intersection of Newport Boulevard and 32nd Street
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Less than
LAND USE /PLANNING
Potentially
Significant
Less Than
No
10'
Would the project:
Significant
With
Significant
Impact
Impact
Mitigation
Impact
Incorporated
(a)
Physically divide an established community?
❑
❑
®
❑
(b)
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
❑
❑
®
❑
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
(c)
Conflict with any applicable habitat conservation
❑
El
❑
plan or natural community conservation plan?
5.10.1 Impact Analysis
(a) The proposed project is limited to roadway and intersection improvements and construction of
a public parking lot. Implementation of the proposed project would not permanently sever an
existing road or construct any new structures that could divide an established community. The
proposed project would improve connectivity within Newport Beach by introducing 6- foot -wide
bike lanes along both sides of Newport Boulevard between 32nd Street and Via Lido that would
provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard. Project
construction would require temporary lane closures on both Newport Boulevard and 32nd
Street; however, a traffic control plan would be implemented during construction to minimize
disruptions due to lane closures. Once constructed, the increased vehicular capacity and
reduced traffic congestion on Newport Boulevard could potentially improve access and
connectivity to the proposed project site and surrounding land uses.
Implementation of the proposed project would eliminate 27 existing curbside public parking
spaces on Newport Boulevard due to the roadway widening and introduction of bike lanes.
However, the proposed project would construct a new public parking lot with a minimum of 27
parking spaces at the northwest corner of the Newport Boulevard and 32nd Street intersection
to replace curbside public parking spaces eliminated on Newport Boulevard. Current project
design of the new public parking lot would require full property acquisitions of the vacant
Wachovia Bank building located at the northwest corner of the Newport Boulevard and 32nd
Street intersection and the adjacent property currently configured as a parking lot. Acquisition
and conversion of these two parcels to a public parking lot would not significantly impact
existing land uses since the Wachovia Bank building is currently unoccupied and for sale.
Furthermore, conversion of these properties would not significantly alter the existing land use
pattern due to the large number of commercial properties surrounding the proposed project
site. Current project design would also require a partial ROW acquisition of the commercial
property north of the vacant Wachovia Bank building. However, this partial ROW acquisition
would not impact the existing structure or any parking spaces currently located on the property.
Current project design would require dedication of 0.25 acre of land from the former City Hall
parcel located at the northeast corner of the intersection of Newport Boulevard and 32nd Street
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Final Initial Stud y /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
(3300 Newport Blvd). This partial property dedication would not impact use of the property
since it is currently unoccupied, and dedication of 0.25 acre at the edge of property would not
affect future conversion of the former City Hall parcel to a new use. Similarly, current project
design would require dedication of 0.03 acre of the City -owned Gateway Park located at the
southwest corner of Newport Boulevard and Short Street (3531 Newport Boulevard).This partial
dedication would not negatively impact Gateway Park since the park has no existing recreational
amenities that could be affected, and the parcel would continue to offer opportunities for
passive recreation. Therefore, the proposed project would not dramatically change the
surrounding land use pattern or reduce parking, and impacts would be less than significant.
Implementation of the proposed project would result in some minor changes to access to the
existing circulation system. Acquisition of the two existing bank properties and roadway
modifications on 32nd Street would result in the closure of the alley access that bisects these
properties. However, the proposed project would preserve access to 32nd Street by
reconfiguring the alley to connect to the proposed public parking lot, which will include an
exit /entrance via Marcus Avenue. Additionally, the proposed project would remove the
westbound free -right turn lane on 32nd Street at Newport Boulevard. However, right turns onto
Newport Boulevard from westbound 32nd Street would be preserved on the modified
intersection. Construction of the proposed project may require relocation of the existing bus
stops on the segment of Newport Boulevard within the proposed project site; however, these
would be relocated within the proposed project site in close proximity to the existing bus stops
if is determined that an alternative location(s) would be necessary. Furthermore, bus stops
would be preserved on both sides of Newport Boulevard within the proposed project site.
Therefore, project design would preserve access to the existing circulation system, and impacts
would be less than significant.
(b) The proposed project would be consistent with the applicable policies of the City of Newport
Beach General Plan. The intersection of Newport Boulevard and 32 "d Street has been identified
in the Circulation Element in Figure CE3 as an intersection to be improved to meet the
Circulation Element LOS Standards found in CE 2.1.1. The addition of one northbound and
southbound through lane to Newport Boulevard would be consistent with the existing
designation for this segment of Newport Boulevard as a Major Road (Six Lane Divided) in the
circulation element. Similarly, improvements and modifications to 32nd Street would be
consistent with the existing designation in the circulation element as a Commuter Roadway
(Two Lane Undivided) east of Newport Boulevard and a Secondary Road (Four Lane Undivided)
west of Newport Boulevard. The proposed project would be consistent with parking
requirements in the General Plan by constructing a new public parking lot to mitigate for loss of
the 27 existing curbside public parking spaces on Newport Boulevard. Furthermore, introduction
of 6- foot -wide bike lanes along both sides of Newport Boulevard would be consistent with
Circulation Element Policy CE 5.1.6 pertaining to alternative transportation. Additionally, the
proposed project would improve access to coastal resources and would not impact any
resources that qualify for protection in the Newport Beach Coastal Land Use Plan. Therefore, the
proposed project would be consistent with the City of Newport Beach General Plan and Coastal
Land Use Plan, and impacts would be less than significant.
(c) As described in Section 5.4.1(f) above, the City of Newport Beach is a signatory to the County of
Orange Central & Coastal Subregion NCCP /HCP, which provides guidance for the creation of a
multi- species /multi- habitat preserve system and implementation of a long -term management
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
program. The proposed project is located within a fully urbanized area that does not possess any
sensitive habitat and does not support any vegetation or wildlife species subject to the
provisions of the NCCP /HCP. Existing vegetation on the project site consists of introduced
landscaping that does not qualify as sensitive habitat. Additionally, the proposed project is not
located within the boundaries of any of the biological resource preserves or environmental
study areas documented in the Natural Resource Element of the City of Newport Beach General
Plan. Therefore, the proposed project would not conflict with any applicable habitat
conservation plan or natural community conservation plan. No impacts would occur.
5.11 MINERAL RESOURCES
5.11.1 Impact Analysis
(a) The proposed project site is located on land identified as the Newport Oil Field on the City of
Newport Beach General Plan EIR (City of Newport Beach 2006b); however, the proposed project
site and surrounding land uses do not include an oil well extracting oil from the Newport Oil
Field. Furthermore, construction of the proposed project would not affect the Newport Oil Field
due to the existing oil's presence well below the ground surface. Therefore, the proposed
project would not result in the loss of availability of a known mineral resource. No impacts
would occur.
(b) The proposed project site and surrounding land uses are not delineated for mineral resource
recovery. The proposed project site consists of portions of the existing Newport Boulevard and
32nd Street roadways, a vacant bank and parking lot, and portions of commercial and public use
properties. Land uses surrounding the proposed project consist predominantly of commercial
and retail businesses. Therefore, the proposed project would not result in the loss of availability
of a designated locally important mineral resource recovery site. No impacts would occur.
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Less than
Potentially
Significant
Less Than
11.
MINERAL RESOURCES
Significant
With
Significant
No
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Result in the loss of availability of a known mineral
resource that would be of value to the region and
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❑
❑
the residents of the state?
(b)
Result in the loss of availability of a locally -
important mineral resource recovery site delineated
E-1
1-1
El
on a local general plan, specific plan or other land
use plan?
5.11.1 Impact Analysis
(a) The proposed project site is located on land identified as the Newport Oil Field on the City of
Newport Beach General Plan EIR (City of Newport Beach 2006b); however, the proposed project
site and surrounding land uses do not include an oil well extracting oil from the Newport Oil
Field. Furthermore, construction of the proposed project would not affect the Newport Oil Field
due to the existing oil's presence well below the ground surface. Therefore, the proposed
project would not result in the loss of availability of a known mineral resource. No impacts
would occur.
(b) The proposed project site and surrounding land uses are not delineated for mineral resource
recovery. The proposed project site consists of portions of the existing Newport Boulevard and
32nd Street roadways, a vacant bank and parking lot, and portions of commercial and public use
properties. Land uses surrounding the proposed project consist predominantly of commercial
and retail businesses. Therefore, the proposed project would not result in the loss of availability
of a designated locally important mineral resource recovery site. No impacts would occur.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
5.12 NOISE
The impact evaluation presented in Section 5.12 is based on the noise impact analysis prepared by Vista
Environmental, which is included as Appendix H of this IS /MND.
5.12.1 Environmental Setting
Noise and Groundbourne Vibration Fundamentals
Noise
Noise is defined as unwanted sound. Sound becomes unwanted when it interferes with normal
activities, when it causes actual physical harm, or when it has adverse effects on health. The vibration of
sound pressure waves in the air produces sound. Sound pressure levels are used to measure the
intensity of sound and are described in terms of decibels. The decibel (dB) is a logarithmic unit that
expresses the ratio of the sound pressure level being measured to a standard reference level. A-
weighted decibels (dBA) approximate the subjective response of the human ear to a broad frequency
noise source by discriminating against very low and very high frequencies of the audible spectrum. They
are adjusted to reflect onlythose frequencies that are audible to the human ear.
Noise Equivalent sound levels are not measured directly but are calculated from sound pressure levels
typically measured in dBA. The equivalent sound level (Leq) represents a steady state sound level
containing the same total energy as a time varying signal over a given sample period. The peak traffic
hour Leq is the noise metric used by the Caltrans for all traffic noise impact analyses.
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Lessthan
Potentially
Significant
Less Than
12
NOISE
Significant
with
Significant
No
Would the project result in:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Exposure of persons to or generation of noise levels
in excess of standards established in the local
El
®
El
El
plan or noise ordinance, or applicable
standards of other agencies?
(b)
Exposure of persons to or generation of excessive
❑
❑
®
El
vibration or groundborne noise levels?
(c)
A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
❑
®
❑
❑
without the project?
(d)
A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
❑
❑
®
❑
levels existing without the project?
(e)
For a project located within an airport land use plan
or, where such a plan had not been adopted, within
2 miles of a public airport or public use airport,
❑
El
El
would the project expose people residing or
working in the project area to excessive noise
levels?
(f)
For a project within the vicinity of a private airstrip,
would the project expose people residing or
E]
❑
❑
working in the project area to excessive noise
levels?
The impact evaluation presented in Section 5.12 is based on the noise impact analysis prepared by Vista
Environmental, which is included as Appendix H of this IS /MND.
5.12.1 Environmental Setting
Noise and Groundbourne Vibration Fundamentals
Noise
Noise is defined as unwanted sound. Sound becomes unwanted when it interferes with normal
activities, when it causes actual physical harm, or when it has adverse effects on health. The vibration of
sound pressure waves in the air produces sound. Sound pressure levels are used to measure the
intensity of sound and are described in terms of decibels. The decibel (dB) is a logarithmic unit that
expresses the ratio of the sound pressure level being measured to a standard reference level. A-
weighted decibels (dBA) approximate the subjective response of the human ear to a broad frequency
noise source by discriminating against very low and very high frequencies of the audible spectrum. They
are adjusted to reflect onlythose frequencies that are audible to the human ear.
Noise Equivalent sound levels are not measured directly but are calculated from sound pressure levels
typically measured in dBA. The equivalent sound level (Leq) represents a steady state sound level
containing the same total energy as a time varying signal over a given sample period. The peak traffic
hour Leq is the noise metric used by the Caltrans for all traffic noise impact analyses.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
The Day -Night Average Level (Ldn) is the weighted average of the intensity of a sound, with corrections
for time of day, and averaged over 24 hours. The time of day corrections require the addition of 10
decibels to sound levels at night between 10:00 p.m. and 7:00 a.m. The Community Noise Equivalent
Level (CNEL) is similar to the Ldn except that it has adds another 4.77 dB to sound levels during the
evening hours between 7:00 p.m. and 10:00 p.m. These additions are made to the sound levels at these
time periods because during the evening and nighttime hours, when compared to daytime hours,
ambient noise levels decrease, creating an increased sensitivity to sounds in the receptors. For this
reason the sound seems louder in the evening and nighttime hours and is weighted accordingly. The City
of Newport Beach relies on the CNEL noise standard to assess transportation- related impacts on noise
sensitive land uses.
Another noise descriptor that is used primarily for the assessment of aircraft noise impacts is the Sound
Exposure Level, which is also called the Single Event Level (SEL). The SEL descriptor represents the
acoustic energy of a single event (i.e., an aircraft overflight) normalized to one - second event duration.
This is useful for comparing the acoustical energy of different events involving different durations of the
noise sources. The SEL is based on an integration of the noise during the period when the noise first
rises within 10 dBA of its maximum value and last falls below 10 dBA of its maximum value. The SEL is
often greater than 10 dBA or more than the Maximum noise level (L,") since the SEL logarithmetically
adds the Leq for each second of the duration of the noise.
Vibration
Groundborne vibrations consist of rapidly fluctuating motions within the ground that have an average
motion of zero. The effects of groundborne vibrations typically only cause a nuisance to people, but at
extreme vibration levels damage to buildings may occur. Although groundborne vibration can be felt
outdoors, it is typically only an annoyance to people indoors although the associated effects of the
shaking of a building can be notable. Groundborne noise is an effect of groundborne vibration and exists
only indoors, since it is produced from noise radiated from the motion of the walls and floors of a room
and may also consist of the rattling of windows or dishes on shelves.
Sseveral different methods are used to quantify vibration amplitude such as the maximum
instantaneous peak in the vibrations velocity, which is known as the peak particle velocity (PPV) or the
root mean square (rms) amplitude of the vibration velocity. Due to the typically small amplitudes of
vibrations, vibration velocity is often expressed in decibels and is denoted as (L„) and is based on the rms
velocity amplitude. A commonly used abbreviation is "VdB," when L„ is based on the reference quantity
of 1 micro inch per second.
Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. These
continuous vibrations are not noticeable to humans, whose threshold of perception is around 65 VdB.
Offsite sources that may produce perceptible vibrations are usually caused by construction equipment,
steel - wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible
groundborne noise or vibration.
Additional details regarding the fundamentals of noise and vibration can be found in Appendix H
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
Regulatory Setting
State Regulations
Noise
California Department of Health Services Office of Noise Control
Established in 1973, the California Department of Health Services Office of Noise Control (ONC) was
instrumental in developing regularity tools to control and abate noise for use by local agencies. One
significant model is the "Land Use Compatibility for Community Noise Environments Matrix," which
allows the local jurisdiction to clearly delineate compatibility of sensitive uses with various incremental
levels of noise and which is shown below in Figure 3.
California Administrative Code
Title 24, Chapter 1, Article 4 of the California Administrative Code (California Noise Insulation Standards)
requires noise insulation in new hotels, motels, apartment houses, and dwellings (other than single -
family detached housing) that provides an annual average noise level of no more than 45 dBA CNEL.
When such structures are located within a 60 -dBA CNEL (or greater) noise contour, an acoustical
analysis is required to ensure that interior levels do not exceed the 45 -dBA CNEL annual threshold. In
addition, Title 21, Chapter 6, Article 1 of the California Administrative Code requires that all habitable
rooms, hospitals, convalescent homes, and places of worship shall have an interior CNEL of 45 dB or less
due to aircraft noise.
Vibration
Title 14 of the California Administrative Code Section 15000 requires that all state and local agencies
implement CEQA Guidelines, which requires the analysis of exposure of persons to excessive
groundborne vibration; however, no statute has been adopted by the state that quantifies the level at
which excessive groundborne vibration occurs.
Caltrans issued the Transportation- and Construction - Induced Vibration Guidance Manual in 2004. The
manual provides practical guidance to Caltrans engineers, planners, and consultants who must address
vibration issues associated with the construction, operation, and maintenance of Caltrans projects. This
manual is also used as a reference point by many lead agencies and CEQA practitioners throughout
California, as it provides numeric thresholds for vibration impacts. Thresholds are established for
continuous (construction - related) and transient (transportation - related) sources of vibration, which
found that the human response becomes distinctly perceptible at 0.25- inch -per- second PPV for
transient sources and 0.04- inch -per- second PPV for continuous sources.
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Residential Single fanny, Two Family, Multiple Family
Residential Mated Use
Residential Mobile Home
Commercial Hotel, Motel, Transient Lodging
Regional, District
Commercial
A A B C
A A A C, G C D
A A B C C D d D
A FA B B C C I D
Regional, Village ( Commercial Retail, Banc, Restaurant Movie Theatre ( A I A ( A ( A B ( B ( C
Districl, Special
Commercial industrial
#Office Bunting, Research and Development,
Institutional
Trotessional Offices, City Ofim Building
Commercial
Recreational
Amphitheatre, Concert Hall Auditorium, Meeting Hall
Institutional
Civic Center
Chil dren's Amusement Park, Miniature Gdf Course,
Commercial
Recreation
;Go-cart Track, Equestrian Center, Sports pub
Automobile Service Station, Auto Dealership,
Commercial
General.
Manufacturing, Warehousing, Wholesale, Utilities
Industrial, ins InstitutionalSpecial
ti
Hospital, Church, Library, Schools' Classroom
Institutional
Parks
Open Space
Open Space
Golf Course, Cemeteries, Nature Centers Wildife,
Reserves, Wild'rfe Habitat
A F A I A I B B C 11
B B C- D .._D ( D
A 1 A 1 A I B; B 1 D! D
�ivoo0o�
A A B C! C D D
A A A 1 8 C D D
A A A A( B C C
_ ,AI-1 �
A I A I A I A A I A I. A
SOURCE. No"Alseach,2000
Zone A Clearly Compatiolc--Specified land use is satisfactory based upon the assumption that amt buldrgs involved are of normal convenbard
catsbux�im w>a out any special noise insulation requirements.
Zone l3' Normally Compatible"—New conshtutim or development dw ld be Lrdedaken only after detailed analysis of the noise reduction
requirements and are made and needed noise insulation leaf res in the design ale determi Conventional constnictwn, with dosed wndaws and
freshair supply systems oraircondtioning. will normally suffice.
Zone C: NormalN Incompabble -New construction or development should generally be discouragad if now construction or development does proceed,
a detailed analli of noise reduction requirements must be made and needed noise insulation feakires included in the design
Zone D Cleary Inumalible -New construction or development should generally not be undertaken
II Sp p
Figure 3
Newport Ave /32nd Street IS /MND
Land Use Compatibility Matrix
Name: 20514 Fig 3 LandUseMatdx. Mxd
Date Saved: 11222013,Amhor.msimmons -
Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
Local Regulations
The City of Newport Beach
The Noise Element of the City of Newport Beach General Plan establishes acceptable noise levels within
the proposed project area. Relevant goals and policies from the noise element are presented below.
Goal N1 Noise Compatibility — Minimize land use conflicts between various noise sources and
other human activities.
Policy N1.8 Significant Noise Impacts
Require the employment of noise mitigation measures for existing sensitive uses when a
significant noise impact is identified. A significant noise impact occurs when an increase
in the ambient CNEL is produced by new development impacting existing sensitive uses.
The CNEL increase is shown in Table 9 below
Table 9: City of Newport Beach Significant Noise Impacts
55
3
60
2
65
1
70
1
Over 75
Any increase is considered significant
Source: City of Newport Beach.
Goal N2 Minimize motor vehicle traffic and boat noise impacts on sensitive noise receptors.
Policy 2.6 Barrier Construction Funding
Establish a program to secure funding for the construction of noise barriers to protect
private outdoor yard areas along arterial roadways where existing homes are exposed
to noise levels above the City noise standards and develop a priority program for the
construction of such barriers. A potential source of such funding may be a fee for new
projects which generate new traffic within the City as well as road improvement funds
where road improvements are made. The amount of these fees should be proportional
to the amount of the new traffic that is caused by the new project. It should be
recognized that noise barriers will not always be feasible mitigation to roadway noise.
Noise barriers are most feasible for single - family homes where the rear yards are
adjacent to the roadway. The feasibility of other situations should be evaluated on a
case -by -case basis.
Goal N5 Minimize excessive construction - related noise
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City of Newport Beach, California
Policy N5.1 Limiting Hours of Activity
Enforce the limits on hours of construction activity.
City of Newport Beach Municipal Code
The City of Newport Beach Municipal Code establishes the following applicable standards related to
noise.
Section 10.28.040 Construction Activity— Noise Regulations.
A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling,
digging, grading, demolition, painting, plastering or any other related building activity,
operate any tool, equipment or machine in a manner which produces loud noise that
disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any weekday except between the hours of seven a.m. and six - thirty p.m., nor
on any Saturday except between the hours of eight a.m. and six p.m.
B. Sundays and Holidays. No person shall, while engaged in construction, remodeling,
digging, grading, demolition, painting, plastering or any other related building activity,
operate any tool, equipment or machine in a manner which produces loud noise that
disturbs, or could disturb, a person of normal sensitivity who works or resides in the
vicinity, on any Sunday or any federal holiday.
C. No landowner, construction company owner, contractor, subcontractor, or employer
shall permit or allow any person or persons working under their direction and control to
operate any tool, equipment or machine in violation of the provisions of this section.
D. Exceptions.
1. The provisions of this section shall not apply to emergency construction work
performed by a private party when authorized by the Building Director or designee.
2. The maintenance, repair or improvement of any public work or facility by public
employees, by any person or persons acting pursuant to a public works contract, or
by any person or persons performing such work or pursuant to the direction of, or
on behalf of, any public agency; provided, however, this exception shall not apply to
the City of Newport Beach, or its employees, contractors or agents, unless:
a.The City Manager or department director determines that the maintenance,
repair or improvement is immediately necessary to maintain public services;
b.The maintenance, repair or improvement is of nature that cannot feasibly
be conducted during normal business hours;
c. The City Council has approved project specifications, contract provisions, or
an environmental document that specifically authorizes construction during
hours of the day which would otherwise be prohibited pursuant to this
section.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
Existing Noise Conditions
Noise measurements were taken in the vicinity of the proposed project site to determine the existing
noise level environment. The field survey noted that noise within the proposed project area is generally
characterized by vehicular traffic on the nearby roadways as well as from activities at the nearby
commercial uses. Three noise monitoring locations were selected in order to obtain noise
measurements of the current noise levels in the proposed project area and to provide a baseline for any
potential noise impacts that may be created by development of the proposed project. The noise
measurement sites were selected to provide a representative sampling of the noise levels created by
nearby noise sources as well as experienced by nearby sensitive receptors. Descriptions of the noise
monitoring sites are provided below in Table 10, and Figure 4 shows the noise monitoring site locations.
Appendix H includes a photo index of the proposed project area and noise level measurement locations.
The results of the noise level measurements are presented in Table 10. The measured sound pressure
levels in dBA have been used to calculate the minimum and maximum Leq averaged over 1 -hour
intervals. Table 10 also shows the Leq, Lm,x and CNEL, based on the entire measurement time. Noise
monitoring data printouts are included in Appendix H.
Table 10: Existing (Ambient) Noise Level Measurements
Source: Noise measurements taken with three Extech Model 407780 Type 2 integrating sound level meters between Thursday
November 7, 2013, and Friday November 8, 2013.
Table 10 shows that all noise measurements currently exceed the City of Newport Beach's normally
acceptable residential and hotel noise standard of 60 dBA CNEL.
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Average Maximum
min. 1-Hour
max. 1-Hour
verage
Site Description
No.
[dBA (dBA
Leq) Lmax)
interval (dBA
Leq/Time)
interval (dBA
Leq/Time)
(dBA
CNEL)
Located on a tree across the alley
from the home at 522'h Clubhouse
Avenue, approximately 75 feet
56.0
69.8
A
66.4 96.3
71.3
south of Short Street centerline and
3:15 a.m.
2:49 p.m.
90 feet west of Newport Boulevard
centerline.
Located on a power pole near the
proposed public parking lot,
approximately 15 feet southwest of
48.8
72.4
B
63.6
94.2
67.6
Marcus Avenue centerline and 60
3:16 a.m.
1:22 p.m.
feet northwest of 32nd Street
centerline.
Located on a tree in front of the
former City Hall approximately 140
55.2
71.4
C
66.6
97,6
71.0
feet east of Newport Boulevard
3:28 a.m.
1:16 p.m.
centerline.
Source: Noise measurements taken with three Extech Model 407780 Type 2 integrating sound level meters between Thursday
November 7, 2013, and Friday November 8, 2013.
Table 10 shows that all noise measurements currently exceed the City of Newport Beach's normally
acceptable residential and hotel noise standard of 60 dBA CNEL.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
5.12.2 Impact Analysis
(a) Construction Noise
Impacts associated with project construction were calculated with the Federal Highway
Administration's (FHWA) Roadway Construction Noise Model (RCNM), which is based on
compiled noise measurement data regarding the noise - generating characteristics of several
different types of construction equipment. Table 11 below provides a list of the construction
equipment anticipated to be used for each phase of construction.
Table 11: Construction Equipment Noise Emissions and Usage Factors
Demolition
Number of
Acoustical Use
Spec 721.560
Lmax at
Actual
Measured
Lmax
Equipment
Description
I
I
I
81
I
2
40
85
82
Equipment
Factorl (percent)
50 feet2
(dBA, slow3)
at 50 feet4
(d BA, slow3)
1
Demolition
concrete /industrial saw
1
20
90
90
excavator
3
40
85
81
bulldozer
2
40
85
82
Grading
excavator
1
40
- 85
81
grader
1
40
85
N/A
bulldozer
1
40
85
82
tractor, loader orbackhoes
3
40
84
N/A
Paving
paver
2
50
85
77
paving equipment
2
50
85
77
roller
2
20
85
80
Notes:
' Acoustical use factor is the percentage of time each piece of equipment is operational during a typical workday.
' Spec 721.560 Is the equipment noise level utilized by the RCNM program.
3 The "slow' response averages sound levels over 1- second increments. A "fast" response averages sound levels over 0.125 -
second increments.
° Actual Measured is the average noise level measured of each piece of equipment during the Central Artery/Tunnel project
in Boston, Massachusetts, primarily during the 1990s.
5 For the tractor /loader /backhoe, the tractor noise level was utilized, since it is the loudest of the three types of equipment.
Source: Federal Highway Administration 2006 and Vista Environmental 2013.
Construction noise impacts to the nearby sensitive receptors have been calculated according to
the equipment noise levels and usage factors listed in Table 11 and through use of the RCNM.
For each phase of construction, the nearest piece of equipment was placed at the shortest
distance of the proposed activity to the nearest home; and each subsequent piece of equipment
was placed an additional 50 feet away.
Construction of the proposed project would include demolition of an existing structure and
roadway areas; partial regrading of roads; and paving of roads, parking lots, and sidewalks. The
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
nearest sensitive receptor to the proposed improvements is a home located adjacent to the
proposed public parking lot on Marcus Avenue. Section 10.28.040 of the City's Municipal Code
exempts from the City's noise standards construction activities that occur between 7:00 a.m.
and 6:30 p.m. on weekdays and between 8:00 a.m. and 6:00 p.m. on Saturdays, and no
construction is allowed on Sundays and holidays. Section 10.28.040 provides an exception for
public work projects, provided the City Manager or department director determines that the
construction activity cannot be feasibly conducted during normal business hours. Through
adherence to the limitation of allowable construction times provided in Section 10.28.040, the
construction noise levels would not exceed any standards; and impacts would be less than
significant.
Operations - Related Noise
The proposed project would result in additional vehicular lanes and off - street parking spaces,
which may result in an increase in operational noise in excess of City standards for nearby
residential uses. Policy N1.8 of the General Plan details the noise increases allowed from a
project before a significant impact would occur, which consists of a 3 -dBA increase where the
ambient noise is 55 dBA CNEL or less, a 2 -dBA CNEL increase where the ambient noise is
between 55 and 60 dBA CNEL, a 1 -dBA CNEL increase where the ambient noise is between 60
and 70 dBA CNEL, and any increase where the ambient noise exceeds 75 dBA CNEL.
In order to quantify operational noise impacts at the nearby homes, the noise levels were
calculated through use of the SounclPlan noise prediction model. The SoundPlan model analyzed
the exterior noise levels at representative homes in the vicinity of the proposed project. The
results are provided below in Table 12. The SounclPlan model printouts are provided in Appendix
H. Figure 5 shows the existing noise contours, and Figure 6 shows the existing with project noise
contours.
Table 12: Proposed Project Noise Impacts at Nearby Homes Prior to Mitigation
Receiver Location of Home Existing (d8A
I CNEL)
1 On Clubhouse Drive north of Short Street 68.6 69.4
0.8
+1 dBA
2
On Clubhouse Drive south of Short Street
68.3
68.8
0.5
+1 dBA
3
On Clubhouse Drive south of parking lot
65.1
65.3
0.2
+1 dBA
4
On Clubhouse Drive north of Finley Ave
66.0
66.5
0.5
+1 dBA
5
On Clubhouse Drive south of Finley Ave
60.9
61.5
0.6
+1 dBA
6
On Alley west of Las Fajitas
53.4
53.8
0.4
+3 dBA
7
On Marcus Ave north of parking lot
61.3
63.9
2.6
+1 dBA
8
On 32 °a Street and Marcus Avenue
65.1
65.8
0.7
+1 dBA
9
On 3o`h Street
59.9
60.2
0.3
+2 dBA
10
On 31" Street
63.9
63.9
0.0
+1 dBA
Source: SounclPlan Version 7.2.
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Signs and symbols
Line
°F
Area
Road axis
Emission line
Surface
wall
inside tunnels
f Parking lot
Main building
Base line
Point receiver
Figure 5
Newport Ave /32nd Street IS /MND
Existing Noise Contours
Name: 20514 Fig 5 ExstNoiseCOelellrs.MX4 'csamsexs
Data Say.d: 11@22013, AUlhoe msi,m
Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
Table 12 shows that the noise level contributions from the proposed project would range from
0.0 to 2.6 dBA. Table 12 also shows that the project noise contribution to Receiver 7 would
exceed the noise contribution standard of plus one dBA detailed in Policy N1.8 of the General
Plan. This would be considered a significant impact.
Mitigation measure N01 -1 would require the project applicant to raise the existing wall along
the shared property line of the proposed public parking lot and the home at 3206 Marcus
Avenue to a minimum of 6 feet high. The proposed project's noise impacts have been
recalculated, based on the 6- foot -high sound wall, and the results are shown below in Table 13.
Table 13: Mitigated Proposed Project Noise Impacts at Nearby Homes
Receiver
Location of Home
=house Drive north of Short Street
Existing (dBA
68.6
With Project
I
69.4
Increase City
0.8 +1 dBA
1
2
On Clubhouse Drive south of Short Street
68.3
68.8
0.5
+1 dBA
3
On Clubhouse Drive south of parking lot
65.1
65.3
0.2
+1 dBA
4
On Clubhouse Drive north of Finley Ave
66.0
66.5
0.5
+1 dBA
5
On Clubhouse Drive south of Finley Ave
60.9
61.5
0.6
+1 dBA
6
On Alley west of Las Fajitas
53.4
53.8
0.4
+3 dBA
7
On Marcus Ave north of parking lot
61.3
61.4
0.1
+1 dBA
8
On 32nd Street and Marcus Avenue
65.1
65.7
0.6
+1 dBA
9
On 30`h Street
59.9
60.2
0.3
+2 dBA
10
On 31 "Street
63.9
63.8
0.0
+1 dBA
Source: FHWA RD -77 -108 Model.
Table 13 shows that implementation of N01 -1 would reduce the project contribution to Receiver
7 to a less than significant level.
N01 -1: The project applicant shall either raise the existing wall along the shared property line of
the proposed public parking lot and the home at 3206 Marcus Avenue to a minimum of
6 feet high or construct a new 6 -foot high wall immediately south of the existing wall
and located entirely on City property. The sound wall shall be constructed prior to the
start of any demolition or construction activities.
(b) Construction Vibration
Construction activities can produce vibration that may be felt by adjacent uses. Construction
activities associated with the proposed project would include demolition of an existing structure
and roadway areas; partial regrading of roads; and paving of roads, parking lots, and sidewalks.
The primary source of vibration during construction would be from the operation of a bulldozer,
which may operate as near as 15 feet to existing homes. Table 14 provides approximate
vibration levels which have been used to calculate construction - related vibration impacts for
particular construction activities.
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
Table 14: Vibration Source Levels for Construction Equipment
Equipment
Peak ParticleVelocity
(inches/sec
Approximate Vibratiorr-
Level
Upper range
1.518
(Lv)at 25 feet
112
pile driver (impact)
typical
0.644
104
Upper range
0.734
105
pile driver (sonic)
typical
0.170
93
clam shovel drop (slurry wall)
0.202
94
vibratory roller
0.210
94
hoe ram
0.089
87
large bulldozer
0.089
87
caisson drill
0.089
87
loaded trucks
0.076
86
jackhammer
0.035
79
small bulldozer
0.003
58
Source: Federal Transit Administration, May 2006.
Based on the approximate vibration levels presented in Table 14 above, a large bulldozer would
create a vibration level of 0.089- inch -per- second PPV at 25 feet. Based on typical propagation
rates, the vibration level at 15 feet, which is the distance to the nearest home, would be 0.16 -
inch -per- second PPV. Consequently, the vibration level at the nearest home receptor is below
the 0.25- inch -per- second PPV threshold of perception for transient sources presented in Section
5.12.1 above. Therefore, construction of the proposed project would not expose people to
excessive groundborne vibration; and impacts would be less than significant.
Operation - Related Vibration
Operation of the proposed project would not introduce any new sources of vibration, and
impacts would be less than significant.
(c) Operation of the proposed project may result in a potential substantial permanent increase in
ambient noise levels for the area surrounding the proposed project site. Potential noise impacts
associated with the operations of the proposed project would be from the widening and
realignment of Newport Boulevard and 32nd Street and the addition of off - street public parking.
Policy N1.8 of the General Plan details the noise increases allowed from a project before a
significant impact would occur, which consists of a 3 -dBA increase where the ambient noise is
55 dBA CNEL or less, a 2 -dBA CNEL increase where the ambient noise is between 55 and 60 dBA
CNEL, a 1 -dBA CNEL increase where the ambient noise is between 60 and 70 dBA CNEL, and any
increase where the ambient noise exceeds 75 dBA CNEL.
The proposed project's operational noise impacts to the nearby homes has been analyzed above
in Section 5.12.2(a), which found that the noise level contributions from the proposed project
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Final Initial Study /Mitigated Negative Declaration for Newport Boulevard and 32nd Street Modification Project
City of Newport Beach, California
would range from 0.0 to 2.6 dBA. The analysis in Section 5.12.2(a) also found that the project
noise contribution to Receiver 7 would exceed the noise contribution standard of plus one dBA
detailed in Policy N1.8 of the General Plan. This would be considered a significant impact.
Implementation of mitigation measure NOI -1 would require the applicant to raise the existing
wall along the shared property line of the proposed public parking lot and the home at 3206
Marcus Avenue to a minimum of 6 feet high. The analysis presented in Section 5.12.2(a) found
that implementation of mitigation measure NOI -1 would reduce the proposed project's noise
contribution to Receiver 7 to a level less than significant.
(d) The proposed project would not create a substantial temporary or periodic increase in ambient
noise levels in the proposed project area above existing noise levels. Construction activities
associated with the proposed project would include demolition of an existing structure and
roadway areas; partial regrading of roads; and paving of roads, parking lots, and sidewalks. The
nearest sensitive receptor to the proposed improvements is a home located adjacent to the
proposed public parking lot on Marcus Avenue.
Section 10.28.040 of the City's Municipal Code exempts from the City's noise standards
construction activities that occur between 7:00 a.m. and 6:30 p.m. on weekdays and between
8:00 a.m. and 6:00 p.m. on Saturdays, and no construction is allowed on Sundays and holidays.
Section 10.28.040 provides an exception for public work projects, provided the City Manager or
department director determines that the construction activity cannot be feasibly conducted
during normal business hours. The City construction noise standards, however, do not provide
any limits to the noise levels that may be created during construction activities at the nearby
sensitive receptors; and even with adherence to the City standards, the resultant construction
noise levels may result in a significant substantial temporary noise increase at the nearby
sensitive receptors.
In order to determine if the proposed construction activities would create a significant
substantial temporary noise increase, the Occupational Safety and Health Administration
(OSHA) agency limits for noise exposure have been utilized. The use of a significance threshold
using an OSHA standard is considered conservative. The OSHA standard limits noise exposure of
workers to 90 dB or less over 8 continuous hours, and this standard has been utilized to analyze
the construction noise impacts to the sensitive receptors located at the nearby offsite
residences. Construction noise impacts to the nearby sensitive receptors were calculated using
the FHWA RCNM and are presented below in Table 15. RCNM printouts are provided in
Appendix H.
Table 15: Construction Noise Levels at Nearby Receptors
Demolition 50 84
Grading 15 89
Paving 10 89
Source: RCNM, Federal Highway Administration 2006
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Table 15 shows that greatest noise impacts would occur during the grading and paving phases of
construction, with noise levels as high as 89 dBA L,, at the nearest home. Table 15 shows that
the noise levels from each phase of construction activities would be within the 90 -dB threshold
detailed above. Therefore, construction of the proposed project would not result in substantial
temporary or periodic increase in ambient noise levels in the proposed project vicinity above
levels existing without the project; and impacts would be less than significant.
(e) The proposed project is not located within an airport land use plan or within 2 miles of a public
airport or public use airport. No impact would occur.
(f) No private airstrips are located within the City of Newport Beach. No impact would occur.
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5.13 POPULATION AND HOUSING
5.13.1 Impact Analysis
(a) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new housing or new roads that
could induce future growth. No impact would occur.
(b) As described in Section 5.10.1(a), full property acquisitions associated with current project
design would be limited to the vacant Wachovia Bank building located at the northwest corner
of the Newport Boulevard and 32nd Street intersection and the adjacent property currently
configured as a parking lot. The proposed project would not displace any housing. No impact
would occur.
(c) As described in Section 5.10.1(a), full property acquisitions associated with current project
design would be limited to the vacant Wachovia Bank building located at the northwest corner
of the Newport Boulevard and 32nd Street intersection and the adjacent property currently
configured as a parking lot. The proposed project would not displace substantial numbers of
people, necessitating the construction of replacement housing elsewhere. No impact would
occur.
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Less than
Potentially
significant
Less Than
13.
POPULATION AND HOUSING.
Significant
With
Significant
No
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Induce substantial population growth in an area,
either directly (for example, by proposing new
❑
El
11
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
(b)
Displace substantial numbers of existing housing,
necessitating the construction of replacement
❑
❑
❑
housing elsewhere?
(c)
Displace substantial numbers of people,
necessitating the construction of replacement
❑
❑
❑
housing elsewhere?
5.13.1 Impact Analysis
(a) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new housing or new roads that
could induce future growth. No impact would occur.
(b) As described in Section 5.10.1(a), full property acquisitions associated with current project
design would be limited to the vacant Wachovia Bank building located at the northwest corner
of the Newport Boulevard and 32nd Street intersection and the adjacent property currently
configured as a parking lot. The proposed project would not displace any housing. No impact
would occur.
(c) As described in Section 5.10.1(a), full property acquisitions associated with current project
design would be limited to the vacant Wachovia Bank building located at the northwest corner
of the Newport Boulevard and 32nd Street intersection and the adjacent property currently
configured as a parking lot. The proposed project would not displace substantial numbers of
people, necessitating the construction of replacement housing elsewhere. No impact would
occur.
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5.14 PUBLIC SERVICES
5.14.1 Impact Analysis
(a) Fire protection services are provided by the Newport Beach Fire Department (NBFD), which
operates Fire Station #2 — Lido Beach, located approximately 300 feet east of the proposed
project site at 475 32nd Street. Implementation of the proposed project would not physically
impact Fire Station #2 — Lido Beach. Furthermore, the proposed project would not introduce
new structures requiring fire protection services.
Project construction would require temporary lane closures on both Newport Boulevard and
32nd Street; however, a traffic control plan would be implemented during construction to
minimize disruptions due to lane closures and maintain emergency access for fire protection
services. The traffic control plan would include provisions to maintain adequate access for Fire
Station #2 — Lido Beach to 32nd Street for the entire duration of project construction. Once
constructed, the increased vehicular capacity and reduced traffic congestion on Newport
Boulevard could potentially reduce response times for fire and emergency service responders
traveling from Station #2 — Lido Beach. Therefore, impacts would be less than significant.
(b) The Newport Beach Police Department (NBPD) provides police protection services for the City of
Newport Beach. The NBPD station is located approximately 3 miles east of the proposed project
site in the central portion of the City of Newport Beach at 870 Santa Barbara Drive.
Implementation of the proposed project would not physically impact the NBPD station.
Furthermore, the proposed project would not introduce new structures requiring police
protection services.
Project construction would require temporary lane closures on both Newport Boulevard and
32nd Street; however, a traffic control plan would be implemented during construction to
minimize disruptions due to lane closures and maintain emergency access for police protection
services. Once constructed, the increased vehicular capacity and reduced traffic congestion on
Newport Boulevard could potentially reduce response times for police responders traveling on
these roadways. Therefore, impacts would be less than significant.
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PUBLIC SERVICES.
Would the project result in substantial adverse
physical impacts associated with the provision of
Lessthan
or need for new or physically altered
Potentially
Significant
Less Than
14.
governmental facilities, the construction of which
Significant
With
Significant
No
could cause significant environmental impacts, in
Impact
Mitigation
Impact
Impact
order to maintain acceptable service ratios,
Incorporated
response times or other performance objectives
for any of the public sery ices::
(a)
Fire Protection?
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❑
®
❑
(b)
Police Protection?
❑
❑
®
E]
(c)
Schools?
El
❑
(d)
Parks?
❑
❑
I i
❑
(e)
Other public facilities?
❑
❑
1 ❑
5.14.1 Impact Analysis
(a) Fire protection services are provided by the Newport Beach Fire Department (NBFD), which
operates Fire Station #2 — Lido Beach, located approximately 300 feet east of the proposed
project site at 475 32nd Street. Implementation of the proposed project would not physically
impact Fire Station #2 — Lido Beach. Furthermore, the proposed project would not introduce
new structures requiring fire protection services.
Project construction would require temporary lane closures on both Newport Boulevard and
32nd Street; however, a traffic control plan would be implemented during construction to
minimize disruptions due to lane closures and maintain emergency access for fire protection
services. The traffic control plan would include provisions to maintain adequate access for Fire
Station #2 — Lido Beach to 32nd Street for the entire duration of project construction. Once
constructed, the increased vehicular capacity and reduced traffic congestion on Newport
Boulevard could potentially reduce response times for fire and emergency service responders
traveling from Station #2 — Lido Beach. Therefore, impacts would be less than significant.
(b) The Newport Beach Police Department (NBPD) provides police protection services for the City of
Newport Beach. The NBPD station is located approximately 3 miles east of the proposed project
site in the central portion of the City of Newport Beach at 870 Santa Barbara Drive.
Implementation of the proposed project would not physically impact the NBPD station.
Furthermore, the proposed project would not introduce new structures requiring police
protection services.
Project construction would require temporary lane closures on both Newport Boulevard and
32nd Street; however, a traffic control plan would be implemented during construction to
minimize disruptions due to lane closures and maintain emergency access for police protection
services. Once constructed, the increased vehicular capacity and reduced traffic congestion on
Newport Boulevard could potentially reduce response times for police responders traveling on
these roadways. Therefore, impacts would be less than significant.
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(c) The Newport-Mesa Unified School District provides educational services for the City of Newport
Beach. Ensign Middle School is located approximately 0.80 mile northeast of the proposed
project site, while Newport Elementary School is located approximately 0.85 mile southeast of
the proposed project site. Implementation of the proposed project would not physically impact
either Newport Elementary School or Ensign Middle School. Furthermore, the proposed project
would not introduce new housing that would increase demand for school services within
Newport Beach. No impact would occur.
(d) The proposed project is located adjacent to Gateway Park, which consists of two separate
parcels of open space offering passive recreational opportunities. One parcel is located at the
southwest corner of Newport Boulevard and Short Street; the other parcel is located at the
northeast corner of Newport Boulevard and Via Lido. No recreational amenities exist on either
Gateway Park parcel. Current project design would require dedication of approximately 0.03
acre of the Gateway Park parcel located at the southwest corner of Newport Boulevard and
Short Street; however, this partial dedication would not negatively impact Gateway Park since
no recreational amenities exist that could be affected, and the parcel would continue to offer
opportunities for passive recreation. Furthermore, the proposed project would not introduce
new residential uses that would increase demand for recreational facilities within Newport
Beach. Therefore, impacts would be less than significant.
(e) The proposed project would not introduce new residential or commercial uses that would
increase demand for other public services. No impact would occur.
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City of Newport Beach, California
5.15 RECREATION
5.15.1 Impact Analysis
(a) As described in Section 5.14.1(d) above, the proposed project is located adjacent to Gateway
Park. Additionally, Lido Park, 38th Street Park, and Newport Island Park are all located within
0.25 mile of the proposed project. Lido Park is a passive recreation park located at the southeast
corner of the intersection of Via Lido and Lafayette Avenue that offers views of West Lido
Channel and Newport Bay. 38ch Street Park is bounded by 38th Street, Balboa Boulevard, Park
Lane, and 36th Street and includes a basketball court, picnic tables, and children's playground
equipment. Newport Island Park is located at the intersection of Marcus Avenue and 391h Street
and includes a basketball court, picnic tables, children's playground equipment, and barbeque
facilities and offers views of Rivo Alto. The proposed project is also located adjacent to Rivo Alto,
which includes numerous boat slips adjacent to residences on the land side of the small channel.
Additional boat slips adjacent to residences are located on West Lido Channel and throughout
Newport Bay further from the proposed project site.
The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not introduce new residential development
that would increase use of existing recreational facilities. The proposed project has been
designed to reduce existing and future traffic congestion from growth that has already occurred,
is planned, or is projected to occur. Additional physical deterioration at Gateway Park, Lido Park,
38" Street Park, Newport Island Park, or within Newport Bay would be the result of future
population growth within the City of Newport Beach that would occur independently of the
proposed project. No impact would occur.
(b) The proposed project would introduce 6 -foot -wide bike lanes along both sides of Newport
Boulevard between 32nd Street and Via Lido to provide a connection to the existing bike lanes
along 32nd Street west of Newport Boulevard. Potential environmental impacts associated with
introduction of these bike lanes has been included in the analysis presented in this IS /MND.
Furthermore, the proposed project would not introduce new residential uses that would
necessitate the construction or expansion of recreational facilities. Therefore, impacts would be
less than significant.
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RECREATION.
Potentially
Significant
Less Than
No
15.
Would the project:
Significant
With
Significant
Impact
Impact
Mitigation
Impact
Incorporated
(a)
Would the project Increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
❑
❑
❑
deterioration of the facility would occur or be
accelerated?
(b)
Does the project include recreational facilities or
require the construction or expansion of
❑
❑
®
❑
recreational facilities which might have an adverse
physical effect on the environment?
5.15.1 Impact Analysis
(a) As described in Section 5.14.1(d) above, the proposed project is located adjacent to Gateway
Park. Additionally, Lido Park, 38th Street Park, and Newport Island Park are all located within
0.25 mile of the proposed project. Lido Park is a passive recreation park located at the southeast
corner of the intersection of Via Lido and Lafayette Avenue that offers views of West Lido
Channel and Newport Bay. 38ch Street Park is bounded by 38th Street, Balboa Boulevard, Park
Lane, and 36th Street and includes a basketball court, picnic tables, and children's playground
equipment. Newport Island Park is located at the intersection of Marcus Avenue and 391h Street
and includes a basketball court, picnic tables, children's playground equipment, and barbeque
facilities and offers views of Rivo Alto. The proposed project is also located adjacent to Rivo Alto,
which includes numerous boat slips adjacent to residences on the land side of the small channel.
Additional boat slips adjacent to residences are located on West Lido Channel and throughout
Newport Bay further from the proposed project site.
The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not introduce new residential development
that would increase use of existing recreational facilities. The proposed project has been
designed to reduce existing and future traffic congestion from growth that has already occurred,
is planned, or is projected to occur. Additional physical deterioration at Gateway Park, Lido Park,
38" Street Park, Newport Island Park, or within Newport Bay would be the result of future
population growth within the City of Newport Beach that would occur independently of the
proposed project. No impact would occur.
(b) The proposed project would introduce 6 -foot -wide bike lanes along both sides of Newport
Boulevard between 32nd Street and Via Lido to provide a connection to the existing bike lanes
along 32nd Street west of Newport Boulevard. Potential environmental impacts associated with
introduction of these bike lanes has been included in the analysis presented in this IS /MND.
Furthermore, the proposed project would not introduce new residential uses that would
necessitate the construction or expansion of recreational facilities. Therefore, impacts would be
less than significant.
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5.16 TRANSPORTATION AND TRAFFIC
5.16.1 Impact Analysis
(a) and (b) As described in Section 5.10.1 (a), implementation of the proposed project would
eliminate 27 existing curbside public parking spaces on Newport Boulevard due to the roadway
widening and introduction of bike lanes. However, the proposed project would construct a new
public parking lot with a minimum of 27 parking spaces at the northwest corner of the Newport
Boulevard and 32nd Street intersection to replace curbside public parking spaces eliminated on
Newport Boulevard. Policy CE 2.1.1 of the Circulation Element of the City of Newport Beach
General Plan has established LOS D as the goal for all traffic operations. The circulation element
has established LOS E for acceptable operations at several locations in the City of Newport
Beach, including intersections near John Wayne Airport, Coast Highway through Mariners' Mile,
and Corona Del Mar. The proposed project is not located within any of these locations, and LOS
D serves as the established standard.
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Lessthan
TRANSPORTATION /TRAFFIC.
Potentially
Significant
Less Than
Na
16.
Significant
With
Significant
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and nonmotorized travel and relevant
❑
❑
®
❑
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit?
(b)
Conflict with an applicable congestion management
program, including, but not limited to, level of
service standards and travel demand measures or
El
El
®
El
standards established by the county
congestion management agency for designated
roads or highways?
(c)
Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
❑
❑
❑
location that results in substantial safety risks?
(d)
Substantially increase hazards due to a design
feature (e. g., sharp curves or dangerous
El
El
El
intersections) or incompatible uses (e.g., farm
equipment)?
(e)
Result in inadequate emergency access?
❑
❑
®
❑
(f)
Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance or
❑
❑
®
❑
safety of such facilities supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
5.16.1 Impact Analysis
(a) and (b) As described in Section 5.10.1 (a), implementation of the proposed project would
eliminate 27 existing curbside public parking spaces on Newport Boulevard due to the roadway
widening and introduction of bike lanes. However, the proposed project would construct a new
public parking lot with a minimum of 27 parking spaces at the northwest corner of the Newport
Boulevard and 32nd Street intersection to replace curbside public parking spaces eliminated on
Newport Boulevard. Policy CE 2.1.1 of the Circulation Element of the City of Newport Beach
General Plan has established LOS D as the goal for all traffic operations. The circulation element
has established LOS E for acceptable operations at several locations in the City of Newport
Beach, including intersections near John Wayne Airport, Coast Highway through Mariners' Mile,
and Corona Del Mar. The proposed project is not located within any of these locations, and LOS
D serves as the established standard.
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Project construction would require temporary lane closures on both Newport Boulevard and
32nd Street; however, a traffic control plan would be implemented during construction to
minimize disruptions due to lane closures and maintain circulation. Upon completion, the
proposed project would improve traffic level of service on Newport Boulevard by increasing
vehicular capacity and reducing existing traffic congestion. As shown in Table 16 below, the
segment of Newport Boulevard between Via Lido and 32nd Street currently operates at LOS F,
while the segment between 32 "d Street and 30th Street currently operates at LOS D.
Implementation of the proposed project would improve segment operations between Via Lido
and 32 "d Street to LOS D and operations between 32 "d Street and 30`h Street to LOS B (Table 16).
Additionally, the proposed project would improve the volume to capacity (V /C) ratio between
Via Lido and 32 "d Street from 1.055 to 0.879 and improve the V/C ratio between 32 "d Street and
30`h Street from 0.853 to 0.682. Therefore, implementation of the proposed project would
improve traffic operations on Newport Boulevard to be consistent with the established LOS
standards identified in the Circulation Element of the City of Newport Beach General Plan, and
impacts would be less than significant.
Table 16: Traffic Operations on Newport Boulevard
Newport Boulevard
between Via Lido and 32 "d F 1.055 D 0.879
Newport Boulevard
between 32 "d Street and 30`h
Street D 0.853 B 0.682
(c) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct any new structures that could
disrupt air traffic patterns. Furthermore, the proposed project would not construct housing that
could increase travel demand. Therefore, implementation of the proposed project would not
result in a change in air traffic patterns. No impact would occur.
(d) The existing roadway configuration within the proposed project site does not possess any
identified safety deficiencies. The proposed project would widen the existing Newport
Boulevard roadway and would not introduce any new curves that could introduce a safety
hazard. Furthermore, the proposed project has been designed to be consistent with existing
safety standards and would not create unsafe conditions that could increase the risk of car
accidents. Therefore, the proposed project would not increase hazards due to a design feature.
No impact would occur.
(e) Newport Boulevard is identified as a tsunami evacuation route in the City of Newport Beach
Emergency Management Plan (City of Newport Beach 2004). Project construction would require
temporary lane closures on both Newport Boulevard and 32 "d Street; however, a traffic control
plan would be implemented during construction to minimize disruptions due to lane closures
and maintain access for emergency response and evacuation. Once constructed, the increased
vehicular capacity and reduced traffic congestion on Newport Boulevard could potentially
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improve access for emergency response and evacuation. Therefore, impacts would be less than
significant.
(f) The proposed project would improve access to alternative transportation within Newport Beach
by introducing 6- foot -wide bike lanes along both sides of Newport Boulevard between 32nd
Street and Via Lido, implementing Circulation Element Policy CE 5.1.6. These new bike lanes
would provide a connection to existing bike lanes along 32nd Street west of Newport Boulevard.
Construction of the proposed project may require relocation of the existing bus stops on the
segment of Newport Boulevard within the proposed project site; however, these would be
relocated within the proposed project site in close proximity to the existing bus stops if it is
determined that an alternative location would be necessary. Furthermore, bus stops would be
preserved on both sides of Newport Boulevard within the proposed project site. Therefore, the
proposed project would be consistent with the goals of the Newport Beach General Plan
Circulation Element pertaining to alternative transportation, and impacts would be less than
significant.
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5.17 UTILITIES AND SERVICE SYSTEMS
5.17.1 Impact Analysis
(a) and (b) The proposed project is limited to roadway and intersection improvements, and
construction of a public parking lot. The proposed project would not construct new housing,
commercial businesses, offices, or other structures that would require water services or
generate wastewater requiring treatment. No impact would occur.
(c) Current project design would reduce the amount of impervious surfaces within the proposed
project site from 4.03 acres to 3.81 acres. This reduction of impervious surfaces would increase
the amount of stormwater percolating into the ground and reduce the amount of stormwater
sheet flow traveling to stormwater catch basins. Therefore, the proposed project would not
require or result in the construction of new stormwater drainage facilities or expansion of
existing facilities. No impacts would occur.
(d) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new housing, commercial
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UTILI SERVICE
TIES SYSTEMS.
Potentially
Significant
Less Than
No
17
Significant
With
Significant
Would the project:
Impact
Mitigation
Impact
Impact
Incorporated
(a)
Exceed wastewater treatment requirements of the
El
1:1
F-1
applicable Regional Water Quality Control Board?
(b)
Require or result in the construction of new water
or wastewater treatment facilities (including sewer
(waste water) collection facilities) or expansion of
❑
❑
❑
existing facilities, the construction of which could
cause significant environmental effects?
(c)
Require or result in the construction of new
stormwater drainage facilities or expansion of
❑
❑
❑
existing facilities, the construction of which could
cause significant environmental effects?
(d)
Have sufficient water supplies available to serve the
project (including large -scale developments as
defined by Public Resources Code Section 21151.9
and described in Question No. 20 of the
❑
❑
®
❑
Environmental Information Form) from existing
entitlements and resources, or are new or
expanded entitlements needed?
(e)
Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
❑
❑
❑
project's projected demand in addition to the
provider's existing commitments?
(f)
Be served by a landfill with insufficient permitted
capacity to accommodate the project's solid waste
❑
❑
®
❑
disposal needs?
(g)
Comply with federal, State, and local statutes and
❑
❑
®
❑
regulations related to solid wastes?
5.17.1 Impact Analysis
(a) and (b) The proposed project is limited to roadway and intersection improvements, and
construction of a public parking lot. The proposed project would not construct new housing,
commercial businesses, offices, or other structures that would require water services or
generate wastewater requiring treatment. No impact would occur.
(c) Current project design would reduce the amount of impervious surfaces within the proposed
project site from 4.03 acres to 3.81 acres. This reduction of impervious surfaces would increase
the amount of stormwater percolating into the ground and reduce the amount of stormwater
sheet flow traveling to stormwater catch basins. Therefore, the proposed project would not
require or result in the construction of new stormwater drainage facilities or expansion of
existing facilities. No impacts would occur.
(d) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new housing, commercial
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businesses, offices, or other structures that would require water services. Project landscaping is
intended to be consistent with the approved plant palette presented in the Lido Village Design
Guidelines, which consists of "California friendly" plant species the City selected based partially
on their durability and low water use requirements. Therefore, water required for irrigation of
project landscaping would result in a negligible impact to existing water supplies, and impacts
would be less than significant.
(e) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new housing, commercial
businesses, offices, or other structures that would generate wastewater requiring treatment. No
impact would occur.
(f) The proposed project is limited to roadway and intersection improvements, and construction of
a public parking lot. The proposed project would not construct new housing, commercial
businesses, offices, or other structures that would generate solid waste. Existing roadway
materials removed during construction would be recycled when feasible; materials that could
not be recycled would be disposed of at Frank R. Bowerman Sanitary Landfill, located at 11002
Bee Canyon Access Road in Irvine, which currently serves the City of Newport Beach. Therefore,
impacts would be less than significant.
(g) Disposal of existing roadway materials removed during construction would be required to
comply with all federal, State, and local statutes and regulations related to solid waste.
Compliance with these existing regulations would reduce impacts to a level less than significant.
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5.18 MANDATORY FINDINGS OF SIGNIFICANCE
5.18.1 Impact Analysis
(a) As described in Section 5.4, the proposed project site consists of a paved roadway intersection
within a fully urbanized section of the City of Newport Beach and does not possess any riparian
habitat, sensitive natural communities, wetlands, or habitat that supports species identified as a
candidate, sensitive, or special status species. Potential natural habitat is limited to the aquatic
environment within the Rivo Alto channel adjacent to the western segment of 32nd Street.
Construction of the proposed project would implement BMPs to prevent erosion from entering
the waters of the Rivo Alto channel adjacent to the proposed project that could impact aquatic
species. As described in Section 5.5, the vacant Wachovia Bank building, located at the
northwest corner of the Newport Boulevard and 32nd Street intersection, does not qualify as an
historic resource. Therefore, impacts would be less than significant.
(b) The proposed project is located adjacent to the former City Hall campus, which has been
proposed for redevelopment as the Lido House Hotel. The Lido House Hotel project would
consist of a 130 -room luxury hotel and a landscaped public plaza along Newport Boulevard. The
Lido House Hotel project Draft EIR released for public review on April 29th, 2014, determined
that all impacts associated with the Lido House Hotel project would be mitigated to a level less
than significant (Newport Beach 2014a). Similarly, all impacts associated with the proposed
project would be reduced to a level of less than significant through implementation of
mitigation measures described throughout this IS /MND. Furthermore, widening of Newport
Boulevard and improving the intersection at 32nd Street is needed to reduce traffic congestion
independent of the proposed Lido House Hotel project, and would improve segment operations
between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30th Street to
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Less than
Potentially
Significant
Less Than
18.
MANDATORY FINDINGS OF SIGNIFICANCE.
Significant
With
Significant
No
Impact
Mitigation
Impact
impact
Incorporated
(a)
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self- sustaining
levels, threaten to eliminate a plant or animal
❑
❑
®
❑
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
(b)
Does the project have impacts that are individually
limited, but cumulatively considerable?
( "Cumulatively considerable' means that the
incremental effects of a project are considerable
❑
❑
®
❑
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects ?)
(c)
Does the project have environmental effects which
will cause substantial adverse effects on human
❑
®
❑
❑
beings, eitherdirectly or indirectly?
5.18.1 Impact Analysis
(a) As described in Section 5.4, the proposed project site consists of a paved roadway intersection
within a fully urbanized section of the City of Newport Beach and does not possess any riparian
habitat, sensitive natural communities, wetlands, or habitat that supports species identified as a
candidate, sensitive, or special status species. Potential natural habitat is limited to the aquatic
environment within the Rivo Alto channel adjacent to the western segment of 32nd Street.
Construction of the proposed project would implement BMPs to prevent erosion from entering
the waters of the Rivo Alto channel adjacent to the proposed project that could impact aquatic
species. As described in Section 5.5, the vacant Wachovia Bank building, located at the
northwest corner of the Newport Boulevard and 32nd Street intersection, does not qualify as an
historic resource. Therefore, impacts would be less than significant.
(b) The proposed project is located adjacent to the former City Hall campus, which has been
proposed for redevelopment as the Lido House Hotel. The Lido House Hotel project would
consist of a 130 -room luxury hotel and a landscaped public plaza along Newport Boulevard. The
Lido House Hotel project Draft EIR released for public review on April 29th, 2014, determined
that all impacts associated with the Lido House Hotel project would be mitigated to a level less
than significant (Newport Beach 2014a). Similarly, all impacts associated with the proposed
project would be reduced to a level of less than significant through implementation of
mitigation measures described throughout this IS /MND. Furthermore, widening of Newport
Boulevard and improving the intersection at 32nd Street is needed to reduce traffic congestion
independent of the proposed Lido House Hotel project, and would improve segment operations
between Via Lido and 32nd Street to LOS D and operations between 32nd Street and 30th Street to
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LOS B. Construction of the Lido House Hotel project is not anticipated to begin until construction
of the proposed project is completed.
The Lido Villas project proposes to construct a 23 townhouse - style, multi - family development
on a 1.2 -acre site. The Lido Villas project is located on the northwestern corner of the
intersection of Via Lido and Via Malaga, approximately 0.1 mile east of the proposed project.
The IS /MND prepared for the Lido Villas project determined that all impacts would be mitigated
to a level less than significant (Newport Beach 2013a). The City of Newport Beach adopted the
Lido Villas project IS /MND on November 13th 2013, and the project is currently under Coastal
Commission review. If approved, construction of the Lido Villas project would not begin until
summer 2016, after the completion of the proposed project.
The Orange County Sanitation District Balboa Trunk Sewer Rehabilitation project, completed in
May 2014, rehabilitated the existing Balboa trunk sewer along Newport Boulevard and Balboa
Boulevard between A Street and Finley Avenue. The Balboa Trunk Sewer Rehabilitation project
also included installation of a new protective lining of approximately 12,600 feet of the existing
sewer pipeline (OCSD 2014). A portion of the Balboa Trunk Sewer Rehabilitation project was
located within the boundaries of the proposed project. The Balboa Trunk Sewer Rehabilitation
project was approved under a CEQA Categorical Exemption because it would repair an existing
facility and it was determined that it would not result in any significant impacts on the
environment (Newport Beach 2014b).
The City of Newport Beach Water Transmission Main Replacement project would replace an
aging city water transmission main on the northbound side of Newport Boulevard between Via
Oporto and 19th Street. The Water Transmission Main Replacement project would also replace
various cast iron mains between Finley Avenue and 32nd Street. A portion of the Water
Transmission Main Replacement project would be located within the boundaries of the
proposed project. Construction is scheduled to begin in October 2014, and be completed in
summer 2015, prior to construction of the proposed project. The Water Transmission Main
Replacement project was approved under a CEQA Categorical Exemption because it was
determined that it would not result in any significant impacts on the environment (Newport
Beach 2013b).
Based on the results of the environmental analyses of the proposed project presented in this
IS /MND and the findings of the CEQA documentation for the projects described above,
implementation of the proposed project would not incrementally contribute to cumulative
environmental impacts. Implementation of mitigation measures presented in this IS /MND would
reduce all impacts associated with the proposed project to a level less than significant.
Furthermore, none of the past, present, or future projects located adjacent to the proposed
project would result in any significant environmental impacts, and construction of all projects
would occur prior to, or after construction of the proposed project. Therefore, the proposed
project would not result in any significant impacts that could contribute to cumulative impacts
resulting from past, present, orfuture projects.
(c) Implementation of the proposed project would not result in substantial adverse effects on
human beings, either directly or indirectly. The proposed project would not have significant
impacts on air quality and would not displace any homes or divide an established community.
Implementation of mitigation measures described in Section 5.8 would reduce impacts
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associated with hazards and hazardous materials to a level less than significant. Implementation
of mitigation measure NO1 -1 described in Section 5.12 would reduce impacts associated with
noise to a level less than significant. Therefore, the proposed project would not have
environmental effects which will cause substantial adverse effects on human beings; and
impacts would be less than significant.
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SECTION 6.0— SOURCE REFERENCES
The following is a list of references used in the preparation of this document.
Association of Environmental Professionals
2012 California Environmental Quality Act (CEQ4), Statutes and Guidelines. AEP, Palm Desert,
California.
California Air Resources Board (CARB)
2008
Chambers Group, Inc. (Chambers Group)
2013 Cultural Resources CEQA Review for the Newport Boulevard and 32nd Street
Modification Project —City of Newport Beach. November.
City of Newport Beach
2004 City of Newport Beach Emergency Management Plan
2006a Newport Beach General Plan. July 25.
2006b Newport Beach General Plan EIR. July 25.
2011 Lido Village Design Guidelines
2013a Lido Villas Project IS /MND Notice of Determination. Available Online:
httD:// www.newt3ortbeachca.gov /i)ln /CEQA REVIEW /Lido %20Villas /NOD Filed Record
ed 11- 13- 2013.pdf
2013b City Council Staff Report, November 26, 2013. Agenda Item 13. Available Online:
http://ecms.newportbeachca.gov/Web/O/doc/549661/Pagel.aspx
2014a Draft Environmental Impact Report for the Lido House Hotel. April. Available Online:
http://www.newportbeachca.gov/index.aspx?page=1347
2014b Zoning Administrator resolution No. ZA2014 -003. Available Online:
http://ecms.newportbeachca.gov/Web/O/doc/566302/Pagel.aspx
Ninyo & Moore
2013a Geotechnical Evaluation — Newport Boulevard and 32nd Street Modifications — Newport
Beach, California. October 23.
2013b Initial Site Assessment — Newport Boulevard /32 "d Street Modification Project Between
Via Lido and 30th Street — Newport Beach, California. October 30.
Office of Historic Preservation
1995 Instructions on Recording Historical Resources. California Office of Historic Preservation.
Sacramento, CA.
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Orange County Sanitation District
2014 Newport Beach Program. Available Online:
http://www.ocsd.com/home/showdocument?id=15297
South Coast Air Quality Management District (SCAQMD)
2010 Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group Meeting # 15.
September.
United States National Park Service (National Park Service)
1983 Secretary of the Interior Professional Qualifications Standards. United States
Department of the Interior, Washington, D.C.
VA Consulting
2013a Water Quality Management Plan for the Newport Boulevard and 32nd Street
Modification Project from 30`h Street to Via Lido. October.
2013b Hydrology Report for the Newport Boulevard and 32nd Street Modification Project.
October.
Vista Environmental
2013a CaIEEMod Model Air Quality Output Files for the Newport Boulevard and 32nd Street
Modification Project. November.
2013b CaIEEMod Model Greenhouse Gas Output Files for the Newport Boulevard and 32nd
Street Modification Project. November.
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SECTION 7.0— REPORT AUTHORS AND CONSULTANTS
CEQA Consultant: Chambers Group, Inc.
Nick Larkin
Project Manager
Joel Levanetz
Cultural Resources
Michael Simmons
GIS Analyst
Greg Tonkovich, Vista Environmental
Noise Studies
Greg Tonkovich, Vista Environmental
Air studies
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Exhibit "B"
Newport Boulevard and 32ND Street Modification Project
Mitigation Monitoring and Reporting Program for
Mitigated Negative Declaration No. ND2014 -001
State Clearinghouse Number 2014091008
NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATED NEGATIVE DECLARATION NO. ND2014 -001 (SCHp2014091008)
Date: October 28, 2014
CEQA Action: Certification of Final Initial Study /Mitigated Negative Declaration
Project Applicant: City of Newport Beach
Proiect Location and Descrintion:
The Newport Boulevard and 32nd Street Modification Project (proposed project) is located within a fully
urbanized section of the City of Newport Beach and would improve a segment of Newport Boulevard
that begins at the intersection with 30`h Street and terminates at the intersection with Via Lido. The
proposed project will also include improvements on a segment of 32nd Street that begins at the alley
east of Newport Boulevard and terminates at Marcus Avenue west of Newport Boulevard. Land uses
surrounding the proposed project predominately consist of commercial and retail businesses located
along Newport Boulevard and 32nd Street. The proposed project is also adjacent to the former City Hall
campus, which is located on the northeast corner of the intersection of Newport Boulevard and 32nd
Street.
The proposed project has been developed to improve the intersection of Newport Boulevard and 32nd
Street in order to increase vehicular capacity and reduce existing traffic congestion to an acceptable
level of service. The proposed project would add an additional northbound through lane along Newport
Boulevard from 30th Street to 32nd Street and add an additional southbound through lane along
Newport Boulevard from Via Lido to 32nd Street, terminating as a right -turn only lane at 32nd Street.
The proposed project would remove the westbound free -right turn lane at Newport Boulevard. Bus
stops currently exist on both sides of Newport Boulevard within the proposed project area. The
northbound bus stop is located immediately south of Finley Avenue, while the southbound bus stop is
located immediately south of Short Street. Both bus stops along Newport Boulevard would be relocated
to a location near each existing bus stop.
Proposed modifications to Newport Boulevard would also include introduction of a raised, landscaped
median and 6- foot -wide bike lanes along both sides of the roadway. Introduction of the 6- foot -wide bike
lanes and widening of the roadway would result in the loss of 27 curbside public parking spaces on
Newport Boulevard. However, the proposed project would acquire the vacant Wachovia Bank building
and adjacent parking lot located at the northwest corner of the Newport Boulevard and 32nd Street for
conversion to a public parking lot. The existing structure and parking lot on both of these parcels would
be demolished, and the two parcels would be converted to a public parking lot with a minimum of 27
parking spaces to provide replacement parking for the loss of on- street parking. The proposed project
may also require a partial ROW acquisition of the commercial property north of the vacant Wachovia
Bank building and partial land dedications from two City -owned parcels. Additional details of the
project description can be found in Section 2.0 of the Final IS /MND.
Mitigation Monitoring and Reporting Program
The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring
and /or reporting procedures for mitigation measures (MMs) adopted as conditions of approval in order
to mitigate or avoid significant project impacts. Specifically, Section 21081.6(a)(1) states:
NEWPORT BOULEVARD AND 32ND STREET MODIFICATION PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATED NEGATIVE DECLARATION NO. ND2014 -001 (SCHN2014091008)
The public agency shall adopt a reporting or monitoring program for the changes made
to the project or conditions of project approval, adopted in order to mitigate or avoid
significant effects on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation.
CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or
monitoring program must be designed to ensure compliance during project implementation. The City of
Newport Beach is the lead agency for the Newport Boulevard and 32ntl Street Modification Project and is
therefore responsible for implementing the Mitigation Monitoring and Reporting Program (MMRP).
The Mitigation Program in the MMRP is comprised of Mitigation Measures (MMs) that were developed
to avoid, reduce, and /or fully mitigate potential environmental impacts. The MMRP contains the
Mitigation Program that has been drafted to meet the requirements of Public Resources Code Section
21081.6 as fully enforceable monitoring programs. The MMRP defines the following for each mitigation
measure:
1. Timeframe. In each case, a timeframe for performance of the mitigation measure (mitigation),
or review of evidence that mitigation has taken place, is provided. The performance points
selected are designed to ensure that impact- related components of Project implementation do
not proceed without establishing that the mitigation is implemented or assured.
2. Responsible Party. In each case, unless where otherwise indicated, the Applicant is the
Responsible Party for implementing the mitigation. The City will also monitor the performance
and implementation of the mitigation measures. To guarantee that the mitigation measure will
not be inadvertently overlooked, the supervising public official is the official who grants the
permit or authorization called for in the performance.
3. Definition of Mitigation. In each case the mitigation measure contains the criteria for
mitigation, either in the form of adherence to certain adopted regulations or identification of
the steps to be taken in mitigation.
The numbering system corresponds with the numbering system used in the Draft IS /MND. The second
and third last column of the MMRP table will be used by the Compliance Monitor to document when
implementation of the measure has been completed. The ongoing documentation and monitoring of
mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and
supplemental documents will be kept on file at the City of Newport Beach Planning Department.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2014 -93 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 281h day of October, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry,
Mayor Pro Tem Selich, Mayor Hill
Nays: Council Member Daigle
Recused: Council Member Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29P day of October, 2014.
L& S
City Clerk
Newport Beach, California
(Seal)